Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Heavenly Father, for Your watchful care and protection while we have been absent from this place, being our ever present Companion as a good shepherd providing for his sheep, and that You have brought us here again to do what needs to be done. Give us, then, in abundant measure Your wisdom and Your guidance. When the difficult and the challenging come, give us the ability to grow wings, never to borrow crutches. Enable us always to count our blessings, not our woes; that worthy accomplishments seldom come at bargain prices, that we rejoice in our own strength when we overcome difficulties.
So be with us, Lord God, this day and every day. 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. BAUER moved that when the House adjourns, it adjourn in memory of Lynn Kempson Wingard of Chapin, which was agreed to.
The following was introduced:
H. 4327 (Word version) -- Reps. Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, 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, McKay, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO COMMEND KIMBERLY J. (KIM) SMITH, ASSISTANT TO THE SPEAKER, FOR HER OUTSTANDING SERVICE TO THE HOUSE OF REPRESENTATIVES AS SHE LEAVES THIS POSITION ON AUGUST 1, 1997, TO ATTEND LAW SCHOOL.
Whereas, the members of the House have learned with deep and sincere regret that Kimberly J. (Kim) Smith, Assistant to the Speaker of the House, David H. Wilkins, will be leaving this position on August 1, 1997, in order to attend law school; and
Whereas, Kim Smith is one of the most delightful and personable members of the House staff who never fails to treat every person with whom she comes into contact with the utmost courtesy and friendliness whatever the circumstances; and
Whereas, she is a native of Orangeburg, a graduate of the College of Charleston, and worked both as a school teacher and paralegal before she joined the staff of then Speaker Pro Tempore David Wilkins on June 28, 1994; and
Whereas, her professionalism, hard work, and dedication to her job and to the General Assembly as an institution has brought great credit not only upon her but upon the House and its membership as well; and
Whereas, the members of the House of Representatives, by this resolution, would like to publicly recognize and thank her for her truly distinguished service as Assistant to the Speaker as her work with the House comes to a close. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby commend Kimberly J. (Kim) Smith, Assistant to the Speaker, for her outstanding service to the House of Representatives as she leaves this position on August 1, 1997, to attend law school.
Be it further resolved that the members of the House of Representatives extend to Kim Godspeed and best wishes for a successful law school experience and for an enjoyable and rewarding career as an attorney-at-law after graduation.
Be it further resolved that a copy of this resolution be presented to Kim Smith.
The Resolution was adopted.
The following was introduced:
H. 4328 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. ANN COUNCIL OF DARLINGTON COUNTY UPON BEING NAMED THE 1996 SOUTH CAROLINA SCHOOL NURSE OF THE YEAR AND TO COMMEND HER FOR HER COMMITMENT TO HEALTH EDUCATION IN SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4329 (Word version) -- Rep. Haskins: A HOUSE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STUDENT LEGISLATURE ON ITS EXCELLENT WORK IN TEACHING GENERATIONS OF STUDENTS THE PROCESSES OF STATE GOVERNMENT, TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 5, 6, AND 7, 1997, FOR ITS ANNUAL MEETING, AND TO REVOKE THE PROVISIONS OF H. 3657 PREVIOUSLY ADOPTED WHICH AUTHORIZED THE USE OF THE HOUSE CHAMBER BY THE STUDENT LEGISLATURE ON OTHER DATES.
Be it resolved by the House of Representatives:
That the members of the House of Representatives hereby congratulate the South Carolina Student Legislature for its excellent work in teaching generations of students the processes of state government.
Be it further resolved that the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives at its temporary location on November 5, 6, and 7, 1997, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.
Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.
Be it further resolved that the provisions of H.3657 authorizing the South Carolina Student Legislature to use the House Chamber on November 12, 13, and 14, 1997, for its annual meeting are hereby revoked.
The Resolution was adopted.
The Senate sent to the House the following:
S. 812 (Word version) -- Senators Peeler and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE RUTH NAGY OF CAYCE, SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE SOUTH CAROLINA TAX COUNCIL 1997 SERVICE AWARD AND TO COMMEND HER FOR HER CONTRIBUTION TO THE ADVANCEMENT OF THE TAX PROFESSION AND FOR HER SERVICE TO THE COMMUNITY AND THE SOUTH CAROLINA TAX COUNCIL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4330 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND JANE V. (CANDYE) SLAY, PRINCIPAL OF REDCLIFFE ELEMENTARY SCHOOL IN AIKEN AND ONE OF SOUTH CAROLINA'S MOST HONORED SCHOOL ADMINISTRATORS, UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4331 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF BENCH AND BAR SPOUSES, INCORPORATED, ON ITS FOURTH ANNIVERSARY AND WISHING IT MUCH SUCCESS IN ITS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 343:
S. 343 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE AN ALTERNATIVE SITE FOR THE SALE AND TO SPECIFY FORMS OF PAYMENT.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Rose, Short and Washington of the Committee of Free Conference on the part of the Senate on H. 3744:
H. 3744 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3744:
H. 3744 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER FOR FUTURE LEGISLATION CONCERNING DRUG IMPAIRED INFANTS AND THE TREATMENT METHODS, COMMITMENT PROCEDURES, AND THE PROSECUTION OF MOTHERS OF DRUG IMPAIRED INFANTS, AND ALL OTHER RELATED ISSUES CONCERNING DRUG IMPAIRED INFANTS AND THEIR MOTHERS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 254:
S. 254 (Word version) -- 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". (Abbreviated Title)
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Peeler, Thomas and Waldrep of the Committee of Free Conference on the part of the Senate on H. 3155:
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3155:
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Leatherman, Leventis and Matthews of the Committee of Free Conference on the part of the Senate on H. 3819:
H. 3819 (Word version) -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 5, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3819:
H. 3819 (Word version) -- Reps. Harrell, Beck, J. Hines, Walker, Altman, Leach, Mason, Jennings, Simrill, Kinon, Limbaugh, Dantzler, Sandifer, R. Smith, Allison, Campsen, Knotts, Barrett, Seithel, Cobb-Hunter, Cooper, Young, Townsend, Felder, Kennedy, Woodrum, Hinson, Haskins, M. Hines, Harvin, Klauber, Fleming, Kelley, Limehouse, Young-Brickell, Whatley, Wilkins, Boan, McMahand, Littlejohn, Cato, H. Brown, Stuart, Robinson, Phillips, Riser, McKay, Lanford, Keegan, Edge, Jordan, Witherspoon, Gourdine, Hodges, Wilder, J. Smith, Chellis, Baxley, Kirsh and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 44 TO TITLE 12 SO AS TO ENACT THE "FEE IN LIEU OF TAX SIMPLIFICATION ACT OF 1997" SO AS TO PROVIDE FOR SIMPLIFICATION OF FEE IN LIEU OF PROPERTY TAX TRANSACTIONS; TO DEFINE CERTAIN TERMS, INCLUDING "ECONOMIC DEVELOPMENT PROPERTY"; TO PROVIDE FOR APPROVAL BY LOCAL COUNTY COUNCILS OF FEE AGREEMENTS; TO PROVIDE FOR CALCULATION OF THE REQUIRED FEE PAYMENTS; TO PROVIDE FOR APPLICATION OF THE FEE TO REPLACEMENT PROPERTY AND A CREDIT AGAINST THE FEE FOR COSTS OF CERTAIN IMPROVEMENTS; TO PROVIDE FOR DISTRIBUTION OF THE FEE, PENALTIES FOR FAILING TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR THE FEE AGREEMENTS, CONSEQUENCES OF TRANSFERS OF ECONOMIC DEVELOPMENT PROPERTY AND OF TERMINATION OF FEE AGREEMENTS, AND REQUIREMENTS FOR AFFILIATE SPONSORS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS OF CERTAIN CLASSES OF PROPERTY FROM AD VALOREM TAXATION, SO AS TO INCLUDE ECONOMIC DEVELOPMENT PROPERTY AS AN EXEMPTION.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barrett Battle Bauer 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 Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Kirsh Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman 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 Tuesday, June 17.
Mark S. Kelley J. Michael Baxley Liston D. Barfield Joe McMaster F.G. Delleney, Jr. Ralph W. Canty Alfred B. Robinson, Jr. Harry C. Stille Steve P. Lanford
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 803 (Word version) -- Senators Washington, Matthews, Rose and Williams: A BILL TO AMEND SECTION 3 OF ACT 117 OF 1961, AS LAST AMENDED BY ACT 587 OF 1984, PERTAINING TO THE COMPENSATION OF MEMBERS OF THE COLLETON COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT EACH MEMBER SHALL RECEIVE AN ANNUAL SALARY OF TWO THOUSAND FOUR HUNDRED DOLLARS.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 254 (Word version) -- 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.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-9-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended by adding the following appropriately-numbered item:
"( ) 'Uninsured Motorist Fund' means a fund established for fees collected by the Director of the Department of Public Safety from registration of uninsured vehicles."
SECTION 2. Chapter 10 of Title 56 of the 1976 Code is amended by adding:
Within fifteen days of receiving this notice, you or your attorney may request in writing that the director review this action to determine whether the insurer has complied with South Carolina laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the director may require that your policy be reinstated. However, the director is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the director does not have the authority to overturn this action.'
(5) must inform the insured of the possible availability of other insurance which may be obtained through his agent, through another insurer, or through the Associated Auto Insurers Plan. It must also state that the Department of Insurance has available an automobile insurance buyer's guide regarding automobile insurance shopping and availability, and provide applicable mailing addresses and telephone numbers, including a toll-free number if available, for contacting the Department of Insurance.
Nothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance. The insurer must disclose in writing whether the insured is ceded to the facility."
SECTION 11. The 1976 Code is amended by adding:
"Section 38-77-121. (A) Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle as defined in Section 38-77-30 must have the following statement printed on or attached to the first page of the application form, in boldface type: 'THE INSURER CAN CANCEL THIS POLICY FOR WHICH YOU ARE APPLYING WITHOUT CAUSE DURING THE FIRST 90 DAYS. THAT IS THE INSURER'S CHOICE. AFTER THE FIRST 90 DAYS, THE INSURER CAN ONLY CANCEL THIS POLICY FOR REASONS STATED IN THE POLICY.'
(B) Any application for the original issuance of a policy of insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle defined in Section 38-77-30 that requires the insured to disclose information as to any previous cancellation or refusal to renew must also permit the insured to offer or provide a full explanation of the reason for the cancellation or refusal to renew.
(C) The notice required by this section must accompany the initial declarations page in the event the applicant is not provided a written copy at the time of the application and the coverage has been bound by the insurer.
(D) The insurer may cancel without cause at any time in the first ninety days during which the policy is in effect subject to Section 38-77-122.
This section does not apply to the renewal of any policy of insurance.
Section 38-77-122. (A) No insurer or agent shall refuse to issue an automobile insurance policy as defined in Section 38-77-30 because of any one or more of the following factors: the age, sex, location of residence in this State, race, color, creed, national origin, ancestry, marital status, or income level. No insurer or agent shall refuse to issue an automobile insurance policy as defined in Section 38-77-30 solely because of any one of the following factors: the previous refusal of automobile insurance by another insurer, prior purchase of insurance through the Associated Auto Insurers Plan, or lawful occupation, including the military service, of the person seeking the coverage. Nothing in this section prohibits any insurer from limiting the issuance of motor vehicle insurance policies only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect.
Nothing in this section prohibits any insurer from setting rates in accordance with relevant actuarial data.
(B) In determining the premium rates to be charged for an automobile insurance policy as defined in Section 38-77-30, it is unlawful to consider race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. Nor may an insurer, agent, or broker refuse to write or renew an automobile insurance policy as defined in Section 38-77-30 based upon age, sex, race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director. Any insurer or agent who violates this section shall be subject to the penalties as provided in Section 38-2-10. If the Director of the Department of Insurance or his designee finds that an insurer or agent is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. 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. The director or his designee at any time may examine an insurer or agent to enforce this section. The expense of examination must be paid by the insurer, agent, or broker.
Section 38-77-123. (A)(1) No insurer shall refuse to renew an automobile insurance policy because of any one or more of the following factors:
(a) age;
(b) sex;
(c) location of residence in this State;
(d) race;
(e) color;
(f) creed;
(g) national origin;
(h) ancestry;
(I) marital status;
(j) income level.
(2) No insurer shall refuse to renew an automobile insurance policy solely because of any one of the following factors:
(a) lawful occupation, including the military service;
(b) lack of driving experience, or number of years of driving experience;
(c) lack of supporting business or lack of the potential for acquiring such business;
(d) one or more accidents or violations that occurred more than thirty-six months immediately preceding the upcoming anniversary date;
(e) one or more claims submitted under the uninsured motorists coverage of the policy where the uninsured motorist is known or there is physical evidence of contact;
(f) single claim by a single insured submitted under the medical payments coverage or medical expense coverage due to an accident for which the insured was neither wholly nor partially at fault;
(g) one or more claims submitted under the comprehensive or towing coverages. However, nothing in this section prohibits an insurer from modifying or refusing to renew the comprehensive or towing coverages at the time of renewal of the policy on the basis of one or more claims submitted by an insured under those coverages, provided that the insurer mails or delivers to the insured at the address shown in the policy written, notice of the change in coverage at least thirty days before the renewal; or
(h) two or fewer motor vehicle accidents within a three-year period unless the accident was caused either wholly or partially by the named insured, a resident of the same household, or other customary operator.
(3) Nothing contained in subsection (A)(1)(f), (g), and (h) of this subsection prohibits an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data except that no insurer may set rates based in whole or in part on race, color, creed, religion, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director.
(B) No insurer shall cancel a policy except for one or more of the following reasons:
(1) The named insured or any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has had his driver's license suspended or revoked during the policy period or, if the policy is a renewal, during its policy period or the ninety days immediately preceding the last anniversary of the effective date.
(2) The named insured fails to pay the premium for the policy or any installment of the premium, whether payable to the insurer or its agent either directly or indirectly under any premium finance plan or extension of credit.
(C) There shall be no liability on the part of and no cause of action of any nature shall arise against the director or his designees; any insurer, its authorized representatives, its agents, or its employees; or any person furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew. For the purposes of this section, no insurer shall be required to furnish a notice of cancellation or refusal to renew to anyone other than the named insured, any person designated by the named insured, any other person to whom such notice is required to be given by the terms of the policy and the director.
(D) Within fifteen days of receipt of the notice of cancellation or refusal to renew, any insured or his attorney shall be entitled to request in writing to the director that he review the action of the insurer in canceling or refusing to renew the policy of the insured. Upon receipt of the request, the director shall promptly begin a review to determine whether the insurer's cancellation or refusal to renew complies with the requirements of this section and of Section 38-77-120 if the notice was sent by mail. The policy must remain in full force and effect during the pendency of the review by the director except where the cancellation or refusal to renew is for the reason set forth in subitem (2) of subsection (B) of this section, in which case the policy terminates as of the effective date stated in the notice. Where the director finds from the review that the cancellation or refusal to renew has not complied with the requirements of this section or of Section 38-77-120, he shall immediately notify the insurer, the insured, and any other person to whom such notice was required to be given by the terms of the policy that the cancellation or refusal to renew is not effective. Nothing in this section authorizes the director to substitute his judgment as to underwriting for that of the insurer.
(E) Each insurer shall maintain for at least three years, records of cancellation and refusal to renew and copies of every notice or statement referred to in Section 38-77-120 of this section that it sends to any of its insureds.
(F) The provisions of this section do not apply to any insurer that limits the issuance of policies of motor vehicle liability insurance to one class or group of persons engaged in any one particular profession, trade, occupation, or business. Nothing in this section requires an insurer to renew a policy of automobile insurance if the insured does not conform to the occupational or membership requirements of an insurer who limits its writings to an occupation or membership of an organization. No insurer is required to renew a policy if the insured becomes a nonresident of South Carolina.
(G) Any insurer who violates this section shall be subject to the penalties as provided in Section 38-2-10. If the Director of the Department of Insurance or his designee finds that an insurer, agent, or broker is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. 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. The director or his designee at any time may examine an insurer, agent, or broker to enforce this section. . The expense of examination must be paid by the insurer, agent, or broker.
Section 38-77-124. (A) Notwithstanding the provisions of Sections 38-77-122 and 38-77-123, an insurer may refuse to issue or renew an automobile insurance policy as defined in Section 38-77-30 on the basis of location of residence where the insurer has filed with the director a territorial plan setting forth the precise geographic areas of the state in which it will issue or renew policies. This territorial plan may not limit issuances or renewals to areas at any level smaller than a county, except that an insurer may include in its territorial plan an area smaller than an county which is contiguous to a whole county contained within the territorial plan provided that the inclusion in the territorial plan of any such area at a level smaller than a county does not have the effect of excluding populations based upon any factors set out in Section 38-77-122(A) or Section 38-77-123(A)(1). The director must reject any territorial plan which violates the provisions of this section.
(B) 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, provided the motor vehicle is licensed.
Section 38-77-126. Insurers must disclose to the insured if the rate level is higher than the lowest rate level tier for that insurer or the group to which the insurer is a member. The insurer must provide in writing the reason for the higher tier.
Section 38-77-141. 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 the following statement printed in boldface type, or unless the statement is attached to the front of or is enclosed with the policy or premium notice:
Section 38-91-10. (A) The purposes of this chapter are to:
(1) promote the public welfare by establishing a mechanism to provide automobile insurance to those required to have such insurance,
(2) to provide controls over such mechanism in order to lower expenses and prevent abuses,
(3) to provide for competitive bidding of servicing carriers,
(4) to provide controls over the application process to prevent fraud and inaccuracies as well as other improper practices.
(B) The provisions of this chapter must cease to be of any force or effect after February 28, 2003. In other words, the joint underwriting association cannot accept any business after February 28, 2003. However, any policy currently issued by or written through the joint underwriting association, pursuant to this chapter, on February 28, 2003 shall continue to be a valid contract of insurance until the end of the policy period unless canceled by the insurer or insured. Furthermore, the Director of the Department of Insurance may promulgate regulations which he deems necessary to implement this transition, including but not limited to the termination of the joint underwriting association and its wind-up period.
Section 38-91-30. As used in this Chapter:
(a) "association" means the joint underwriting association established pursuant to the provisions of this act.
(b) "automobile insurance" means direct insurance against injury or damage arising out of the ownership, operation, maintenance or use of motor vehicles, or insurance against loss for damage to motor vehicles. Private passenger automobile insurance and commercial automobile insurance are two distinct kinds of automobile insurance.
(c) "director" means the Director of the Department of Insurance.
(d) "plan of operation" means the plan of operation approved pursuant to the provisions of this act or ordered by the director.
(e) "qualified applicant" means (1) a resident of this state who owns a motor vehicle registered in this state or has a valid driver's license or is required to file proof of financial responsibility in order to register his motor vehicle or obtain a driver's license, or (2) a non-resident of this state who owns a vehicle registered or principally garaged in this state; provided, however, that no one shall be a qualified applicant if he has any unpaid premium due for prior automobile insurance or if any person who usually drives the motor vehicle to be insured does not hold or is not eligible to obtain a driver's license under suspension.
(f) "residual market mechanism" means a means of providing a market for insureds in South Carolina were the voluntary market is inadequate.
Section 38-91-110. (a) A joint underwriting association, hereinafter referred to as the "Associated Auto Insurers Plan", is hereby created consisting of all insurers authorized to write and engaged in writing automobile insurance within this state. Each insurer shall be a member of the association and shall remain a member as a condition of its authority to continue to transact such insurance in this state.
(b) The purpose of the association shall be to guarantee that automobile insurance will be available to any qualified applicant who is unable to procure such insurance through ordinary methods while preserving to the public the benefits of competition among financially sound automobile insurers by encouraging maximum use of the normal private insurance system.
(c) Pursuant to the provisions of this act and its plan of operation is empowered on behalf of its members:
(1) To issue automobile insurance policies to qualified applicants or to arrange for the issuance of such policies through members of the association;
(2) To establish procedures for the sharing among the members of profit or loss on association business and other costs, charges, expenses, liabilities, income, property and other assets of the association. The assessment of members for their appropriate shares may be based on the member's premium volume or exposure units for business other than association business or on a combination of such bases or on any other equitable basis with allowances for incentive programs for insurers to write in the voluntary market business written in the association. Allowances may be provided for existing debits and credits under any automobile insurance plans replaced or terminated as a result of this legislation;
(3) To reinsure association business;
(4) To establish the compensation to be paid to any licensed resident insurance agent or broker;
(5) To join , advise, assist, associate, cooperate and contract with its members and with such organizations , associations, insurers, governmental agencies and others as may be necessary or proper to accomplish the purpose of the association;
(6) To sue and be sued in the name of the association. No judgement against the association shall create any direct liability in the individual participating members thereof;
(7) To do anything not specifically enumerated above or related thereto which is otherwise necessary or proper to accomplish the purpose of the association.
Section 38-91-130. (a) Within ninety days after the effective date of this act, the director or his designee shall call the first, or organizational meeting, of the association and seat an Advisory Board (hereinafter referred to as the board).
The initial board shall consist of three individuals who are licensed agents or brokers and four consumer representatives to be appointed by the director or his designee, four association members, the Consumer Advocate or his designee, the Director of Public Safety or his designee, and one member from the Department of Insurance. The representative from the Department of Insurance will be a non-voting board member. Association members will be chosen as follows:
One insurer which is a member of and selected by the American Insurance Association;
One insurer which is a member of and selected by the Alliance of American Insurers
One insurer which is a member of and selected by the National Association of Independent Insurers;
One insurer which is not affiliated with the forgoing organizations and which is elected by such nonaffiliated insurers voting in person or by proxy.
One insurer which is a domestic appointed by the director regardless of affiliation.
The terms of office for the initial and subsequent members of the board shall be as provided in the plan of operation. Such plan shall provide for the appointment by the director of three individual s who are licensed as agents or brokers in this state. The board shall elect a chairperson who is not an insurer representative.
No more than one representative of a domestic insurer may serve on the board at any one time. No insurer may serve on the board if such insurer is a servicing carrier for the association or is a member of a group of insurers which has one insurer as a servicing carrier unless the carrier or group of carriers participates in the voluntary automobile market with a level at least twice the premium level for the Associated Auto Insurers Plan. If a servicing contract is awarded mid-term, then the affected representative must resign at next board meeting.
(b) Within sixty days after the organizational meeting, the board shall file with the director or his designee for his approval, a proposed plan of operation, consistent with the provisions of this act, which shall provide for the prompt and efficient provision of automobile insurance to qualified applicants unable to procure such insurance through ordinary methods. Distinct and separate plans may be filed for private passenger automobile insurance and commercial automobile insurance. The Plan(s) of operation shall provide for, among other matters, preliminary assessments of members for initial expenses to commence operations, establishment of necessary facilities, the operation of the association, assessments of members to defray losses and expenses, compensation to licensed agents or brokers, eligibility requirements, the coverages and amounts of insurance to be provided and premium payment plans. The plan(s) of operation must be approved by the department as evidenced by a returned copy stamped approved by the department. The plan(s) of operation must include a provision that all meetings of the board will be held in Columbia unless approval is given by the director. Approval must consist of request stamped approved by the department.
(c) If the director or his designee shall disapprove all or any part of the proposed plan of operation, he shall do so in writing, specifying in what respect the plan of operation fails to meet the requirements of this act. Unless the board takes other appropriate legal action to contest the disapproval, it shall within thirty days thereafter file for his review an appropriately revised plan of operation.
(d) If, after a hearing , the director or his designee finds that any activity or practice of insurers participating in the association or any other residual market mechanism is unfair, unreasonable, or otherwise inconsistent with the provisions of this title, the director or his designee must issue a written order specifying in what respects such activity or practice is unfair, unreasonable, or otherwise inconsistent with the provisions of this title and require the discontinuance of such activity or practice. The director or his designee may establish a residual market mechanism by written order if the director or his designee finds that the existing residual market mechanism is unfair, unreasonable, or inconsistent with the provisions of this chapter.
(e) Any revision of the proposed plan of operation or any subsequent amendments to an approved plan of operation shall be subject to the provisions in subsection (c) relating to the initial plan of operation.
(f) If no plan of operation is submitted to the director or his designee within sixty days after the organizational meeting, the director or his designee shall, after consulting with the representatives of the industry, prepare and promulgate a plan of operation in accordance with the requirements of this act which shall continue in force until superseded by a plan of operation effective in accordance with subsections (b) and (c).
Section 38-91-210. (a) Any qualified applicant shall, on or after the effective date of the plan of operation, be entitled to apply for coverage through the association. The application may be made on his behalf by any licensed resident agent or broker authorized by him. Every licensed resident agent or broker shall offer to place insurance through the association for any qualified applicant for whom he is unable to procure such insurance thought he markets available to him. Coverage limits may be provided up to $250,000 per person and $500,000 per accident for bodily injury, $100,000 property damage or a combined single limit of $500,000 and fire, theft, comprehensive and collision coverage. In order to place the insurance of the applicant through the association, the agent or broker on the application must show (I)that the applicant has been refused automobile insurance coverage by at least one insurer, agent, or broker, and (ii) the reasons for refusal. The applicant must by his signature acknowledge this showing.
(b) The Director of the Department of Insurance or his designee may review each application and provide such application to other qualified insurers. The director or his designee may assign the applicant to any qualified insurer other than the association willing to accept such coverage in the voluntary market. The agent who placed such applicant in the association for automobile insurance coverage shall not receive any commission from this insurance policy or applicant upon placement by the director or his designee of this applicant voluntary market; provided, however, any commission received or paid on the sale of this policy for such applicant must be refunded.
(c) If the director or his designee determines that any agent or broker has placed ten percent or more of his applications with the association and if the director or his designee further determines that the agent improperly assigned applicants insurable through regular underwriting in the voluntary market to the association, then the director or his designee shall assess any one of, a combination thereof, or all, of the following penalties against the agent or broker: (I) a fine up to five thousand dollars per violation; (ii) suspension of that agent's or broker's right to place coverages with the association, or his binding authority, for a specified period of time; or (iii) suspension or revocation of the agent's or broker's license to offer automobile insurance in the state. In his review of the agent's or broker's residual market business, the director or his designee may considered whether the insurer, agent, or broker is participating in a pattern of unfair discrimination as provided in Section 38-77-122 and Section 38-77-123.
(d) If the association determines that the applicant is a qualified applicant eligible under the plan of operation, then the association, upon receipt of the premium, or such portion thereof as is prescribed in the plan of operation, shall issue or cause to be issued a policy of automobile insurance and policy periods as are available under the plan of operation as may be requested.
If the director or his designee finds, after a hearing, with respect to any specified geographical area in the state, that a large number of persons are failing to gain the benefits of the association because they do not have the services of an agent or broker, the association shall provide service to assist the public in applying to the association for insurance.
(e) The Association shall monitor applications submitted to the association in order too ascertain if applications are correct, complete and reflect that actual risk of the insured. The Association shall select a sub-committee of three board members who will review applications. The sub-committee may develop and enforce requirements on applications and if requirements are not met by agents submitting applications, shall suspend the ability of that agent to bind applications for thirty days as well as prescribe audit fees to be applied to applications from particular agents. In the event of three suspensions for a particular agent in any five year period, the ability of that agent to bind applications shall be suspended for three years. In the event of four suspensions for agents in a particular agency in any five year period, the ability of that agency to bind applications shall be suspended for three years. Appeals of the sub-committee shall be made to the full board and then the director or his designee.
The Association shall monitor agents to ensure that insureds are nor forced to purchase other insurance coverages in order for the agent to submit the application to the association. The Association or the Director of the Department of Insurance may require agents to disclose all policies written in conjunction with a policy through the association.
Section 38-91-220. (a) The classifications, rules, rating plans and policy forms proposed for use for automobile insurance issued by or through the association may be made by the association or by any licensed rating organization and shall be filed with the director or his designee. Such filings may incorporate by reference any other material on file with the director.
(b) The classifications, rules, rates, rating plans and policy forms proposed for use for automobile insurance issued by or through the association shall be subject to appropriate statutes concerning approval of filings including Section 38-73-910. The association and every member shall be required to use the classifications, rules, rates, rating plans and policy forms so approved for automobile insurance issued by or through the association for business written through the association.
(c) The rates used for the Associated Auto Insurers Plan must be actuarially sound, self-supporting and provide adequate premiums to pay losses and expenses associated with the Associated Auto Insurers Plan. Any deficits incurred by the plan should be recovered prospectively by rate changes for the Associated Auto Insurers Plan.
Section 38-91-230. (A) Effective March 1, 1999, the association shall file private passenger automobile loss components for automobile insurance coverages based on the total experience of all risks ceded to the South Carolina Reinsurance Facility which are actuarially sound and supported by statistical evidence. The Association shall contract with independent actuarial services to develop such loss component. Due consideration must be given to actual loss experience within the reinsurance facility for the most recent three-year period for which such information is available. The loss component developed under this section is applicable to the risk and territorial classification plan adopted by the association.
(B) In the initial year of operation, the expense component use to develop the final rate or premium charge when combined with the loss component filed in subsection (A) shall be that expense component filed in accordance with Section 38-73-1420 by the governing board of the Reinsurance Facility.
(c) After the initial year of operation, rates, rating plans, and rating rules must be based upon the Underwriting Association's loss and expense experience and investment income. The resultant final rate or premium charges must be on an actuarially sound basis and must be calculated to be self-supporting.
Section 38-91-310. The board shall have all power to direct the operation of the association, except as may be specifically delegated to others or reserved to the members in the plan of operation and may delegate ministerial duties, hire a manager and contract for goods and services from others.
Section 38-91-320. The association shall file in the office of the department annually, by March first, a statement which contains information with respect to its transactions, condition, operations, and affairs during the preceding year. The statement shall contain such matters and information as are prescribed by the director or his designee and must be in the form he directs. The director or his designee may, at any reasonable time, require the association to furnish additional information with respect to its transactions, condition, or any matter connected therewith considered to be material and of assistance in evaluating the scope, operation, and experience of the association.
Section 38-91-330. The director or his designee shall make an examination into the financial condition and affairs of the association at least annually and shall file a report thereon with the department, the Governor, and the General Assembly. The expenses of the examination must be paid by the association.
Section 38-91-340. The servicing carriers for the association may be competitively bid as provided for in this subsection. Separate bidding processes may be done for private passenger and commercial automobile insurance. If the carriers are competitively bid, then the director or his designee must appoint a committee or committees of individuals as he considers qualified to establish standards and procedures for the consideration and evaluation of bids. The committee must include incentive and disincentive programs that encourage proper claims processing of policies and claims handling. Insurers, or other vendors in conjunction with a licensed insurer, may submit bids. The committee or committees must evaluate and award contracts pursuant to the final approval of the director or his designee. The director may require a bid fee to cover the expenses of implementing this section. A serving carrier may be an entity other than a licensed insurance carrier if that entity can prove to the satisfaction of the director that it has the experience and capability to perform the duties of a servicing carrier and if that entity has a licensed automobile insurance carrier to which a policyholder can be issued an automobile insurance policy.
Section 38-91-410. (a) Any applicant for an association policy, any person insured under such a policy and any member of the association may request a hearing and ruling the board of the association on any alleged violation of the plan of operation or any alleged improper act or ruling of the association directly affecting it as to coverage or premium or in the case of a member directly affecting its assessment. Any member of the association may request a hearing and ruling on the application to him of the plan of operation. Any such member may request the board to act upon or to rule upon any proposed change in or addition to the plan of operation. The final action of the board in respect of any such proposed changes or additions shall be deemed a formal ruling for purposes of applying sections (b) and (c) below. The request for hearing must be made with thirty days after the date of the alleged violation or improper act or ruling. The hearing shall be held within thirty days after the receipt of the request. The hearing may be held by a panel appointed by the Chairman of the Advisory Board consisting of not less than three members thereof, of which one must be a consumer representatives, and the ruling of a majority of the panel shall be deemed to be the formal ruling of the board, unless the full board on its own motion shall modify or rescind the action of the panel.
(b) Any formal ruling by the board may be appealed to the director or his designee by filing notice of appeal with the association and director within thirty days after issuance of the ruling.
(c) The director, after a hearing if requested in the notice of appeal, shall issue an order approving the action or decision, disapproving the action or decision, or directing the board to reconsider the ruling.
(d) In any hearing held pursuant to this section by the board or the director or his designee, the board or the commissioner as the case may be, shall issue a ruling or order within thirty days after the close of the hearing.
(e) All rulings or orders of the director or his designee under this section shall be subject to appeal to circuit court.
Section 38-91-420. The Director of the Department of Insurance shall promulgate regulations to implement the provisions of this chapter."
(B) Subsection (A) of this SECTION takes effect beginning on March 1, 1999 and must cease to be of any force or effect after February 28, 2003. Beginning on March 1, 2003 and continuing thereafter, the provisions of Article 8, Chapter 77, Title 38 of the 1976 Code as added by SECTION 21 of this act take effect; thus, the residual market mechanism for the State of South Carolina shall convert from a joint underwriting association to an assigned risk plan as outlined herein. The Director of the Department of Insurance is responsible for supervising, administering, and enforcing the transition of the residual market mechanism from the joint underwriting association, as provided in Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, to the assigned risk plan, as provided in Article 8, Chapter 77, Title 38 of the 1976 Code as added by SECTION 21 of this act. The Director of the Department of Insurance may by order, regulation, or both, direct the transition of the residual market mechanism so that the joint underwriting association cannot accept any business after February 28, 2003, and the assigned risk plan must accept business beginning on March 1, 2003, and continuing thereafter. Any policy currently issued by or written through the joint underwriting association, pursuant to Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, on February 28, 2003 shall continue to be a valid contract of insurance until the end of the policy period unless canceled by the insurer or insured. Furthermore, the Director of the Department of Insurance may promulgate regulations which he deems necessary to implement this transition, including but not limited to the termination of the joint underwriting association and its wind-up period, and the establishment of the assigned risk plan and its start-up period.
SECTION 21(A). Title 38, Chapter 77 of the 1976 Code is amended by adding:
Section 38-77-810. Beginning on March 1, 2003, and continuing thereafter, the director may promulgate reasonable standards for the assignment of risks to insurance carriers and servicing carriers, and an assigned risk plan, hereinafter referred to as the Associated Auto Insurers Plan, must be established by March 1, 2003. More than one assigned risk plan may be established. The director may make reasonable regulations for the assignment of risks to insurance carriers. He shall establish rate classifications, rating schedules, rates, and regulations to be used by insurance carriers issuing assigned risk, policies of motor vehicle liability, physical damage, and underinsured and uninsured motorist insurance in accordance with this chapter as appear to it to be proper in the establishment of rate classifications, rating schedules, rates, and regulations, it shall be guided by the principles and practices which have been established under its statutory authority to regulate motor vehicle liability, physical damage, and medical payments insurance rates and it may act in conformity with its statutory discretionary authority in such matters.
The servicing carriers for the Associated Auto Insurers Plan may be competitively bid as provided for in this section. If the Associated Auto Insurers Plan is competitively bid, then the director or his designee shall appoint a committee or committees of individuals as he considers qualified to establish standards and procedures for the consideration and evaluation of bids. Insurers, or other vendors in conjunction with a licensed automobile insurer, may submit bids. The committee or committees shall evaluate and award contracts pursuant to the bidding process established by the committee or committees, subject to the final approval of the director or his designee. The director may require a bid fee to cover the expenses of implementing this section.
The plan for the Associated Auto Insurers Plan must contain a provision for which licensed agents and/or brokers may be certified such as to bind insurance policies. The manager of the plan shall establish and maintain an electronic means to bind policies immediately. The electronic effective date procedure shall be available only to producers of record who are certified by the plan.
Section 38-77-820. Every person who has been unable to obtain a motor vehicle liability policy shall have the right to apply to the director to have his risk assigned to an insurance carrier licensed to write and writing motor vehicle liability insurance in the State and the insurance carrier, whether a stock or mutual company, reciprocal, or interinsurance exchange, or other type or form of insurance organization, as provided in this chapter shall issue a motor vehicle liability policy which will meet at least the minimum requirements for establishing financial responsibility as provided in this chapter, and in addition shall provide, at the option of the insured, reasonable motor vehicle physical damage and medical payments coverages, (both as defined in Chapter 77, Title 38) in the same policy. Every person who has otherwise obtained a motor vehicle liability insurance policy, or who has been afforded motor vehicle liability insurance under the laws of this State, but who was not afforded motor vehicle medical payments insurance or motor vehicle physical damage insurance in the same policy, or who was not afforded such coverages under the provisions of that section, shall have the right to apply to the director to have his risk assigned to an insurance carrier, as provided above, licensed to write and writing either or both coverages, and the insurance carrier shall issue a policy providing the coverage or coverages applied for.
Section 38-77-830. Insurance carriers may satisfy their Associated Auto Insurers Plan obligations by joining with other insurers to establish an Assigned Risk Pool whereby one or more insurers accepts the assignments of other insurers and in return, the other insurers agree to be responsible for any assessment necessary to pay losses associated with the servicing carrier's pool policies. These agreements are subject to approval by the director.
Section 38-77-840. The director may in its discretion, after reviewing all information pertaining to the applicant or policyholder available from its records, the records of the department, or from other sources:
(1) refuse to assign an application;
(2) approve the rejection of an application by an insurance carrier;
(3) approve the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or
(4) refuse to approve the renewal or the reassignment of an expiring policy.
Section 38-77-841. The producer of each Associated Auto Insurers Plan must provide on a form promulgated by the Director of the Department of Insurance the information as follows:
(1) the name of one other insurance agent and/or insurer representative who has rejected the applicant for automobile insurance;
(2) if the producer has at least one voluntary market for automobile insurance, the producer must provide the application to at least one voluntary market used by that producer and the application must be rejected;
(3) the reason why the applicant is submitting an application to the Associated Auto Insurers Plan. Such reason shall include data on traffic violations, accidents and/or reasons as to why the voluntary market has not provided coverage.
Section 38-77-845. (A) The director or his designee, or the plan manager, may review each application. Applications which are not complete or accurate, or both, shall be considered in violation of Section 38-57-30 and are subject to penalty. The department shall promulgate regulations to enforce this section. Penalties may include suspension of binding authority, fines up to five thousand dollars, and revocation of license.
(B) The director or his designee may review each application and provide such application to other qualified insurers upon request who may provide the insurance in the voluntary market at a rate less than the Associated Auto Insurers Plan rate. In such a case, the producer shall not receive commission on the sale of such policy.
(C) In his review of the agent's or broker's residual market business, the director or his designee may considered whether the insurer, agent, or broker is participating in a pattern of unfair discrimination as provided in Section 38-77-122 and Section 38-77-123.
Section 38-77-850. Any information filed with the director by an insurance carrier in connection with an assigned risk must be confidential and solely for the information of the director and its staff and must not be disclosed to any person, including an applicant, policyholder, and any other insurance carrier.
Section 38-77-860. (A) The director is not required to disclose to any person, including the applicant or policyholder, its reasons for:
(1) refusing to assign an application;
(2) approving the rejection of an application by an insurance carrier;
(3) approving the cancellation of a policy of motor vehicle liability, physical damage, and medical payments insurance by an insurance carrier; or
(4) refusing to approve the renewal or the reassignment of an expiring policy.
(B) The director or anyone acting for him is not held liable for any act or omission in connection with the administration of the duties imposed upon it by the provisions of this chapter, except upon proof of actual malfeasance.
Section 38-77-870. The provisions of this chapter relevant to assignment of risks must be available to nonresidents who are unable to obtain a policy of motor vehicle liability, physical damage, and medical payments insurance with respect only to motor vehicles registered and used in the State.
Section 38-77-880. Notwithstanding any other provision of law, the provisions of this chapter relating to assignment of risks must be available to carriers by motor vehicle who are required by law to carry public liability and property damage insurance for the protection of the public."
(B) Subsection (A) of this SECTION takes effect beginning on March 1, 2003 and continuing thereafter; therefore, the residual market mechanism for the State of South Carolina shall convert from a joint underwriting association to an assigned risk plan as outlined herein. The Director of the Department of Insurance is responsible for supervising, administering, and enforcing the transition of the residual market mechanism from the joint underwriting association, as provided in Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, to the assigned risk plan, as provided in Article 8, Chapter 77, Title 38 of the 1976 Code as added by SECTION 21 of this act. The Director of the Department of Insurance may by order, regulation, or both, direct the transition of the residual market mechanism so that the joint underwriting association cannot accept any business after February 28, 2003, and the assigned risk plan must accept business beginning on March 1, 2003, and continuing thereafter. Any policy currently issued by or written through the joint underwriting association, pursuant to Chapter 91, Title 38, of the 1976 Code as added in SECTION 20 of this act, on February 28, 2003 shall continue to be a valid contract of insurance until the end of the policy period unless canceled by the insurer or insured. Furthermore, the Director of the Department of Insurance may promulgate regulations which he deems necessary to implement this transition, including but not limited to the termination of the joint underwriting association and its wind-up period, and the establishment of the assigned risk plan and its start-up period.
SECTION 22. Chapter 10, Title 56 of the 1976 Code is amended by adding:
"Section 56-10-225. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.
(B) The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times and it must be displayed upon demand of a police officer or any other person duly authorized by law.
(c) A person who fails to maintain the proof in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for such failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.
(D) The penalties provided in subsection (c) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."
SECTION 23. The 1976 Code is amended by adding:
"Section 38-77-395. There is no liability on the part of and no cause of action of any nature may arise against the director or his designees, any insurer, or the authorized representatives, agents, and employees of either or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or refusal to write or renew, for any statement made by any of them in complying with this article, or for the providing of information pertaining thereto, unless the person asserting the cause of action establishes that the person against whom the cause of action is asserted was motivated by express malice or gross negligence."
SECTION 24. The 1976 Code is amended by adding:
"Section 39-5-200. (A) An insurer, its agent, or an insurance broker doing business in this State may not require a person to use a particular insurance premium finance company or other installment plan for which a finance charge or other fee in connection with an installment payment has been or will be imposed.
(B) An insurer, its agent, or an insurance broker doing business in this State may not refuse to issue a policy of insurance solely because the premiums for the policy have been advanced by a premium finance company licensed in this State.
(c) An insurer or its agent doing business in this State shall not reduce commission or intimidate or retaliate against a producer, agent, broker, or insured who uses premium financing by denying the producer, agent, broker, or insured the same rights accorded producers, agents, brokers, or insureds who pay premiums in a different manner."
SECTION 25. Section 38-43-200 of the 1976 Code, as last amended by Section 1 of Act 465 of 1990, is amended to read:
"Section 38-43-200. (a) A licensed agent representing an insurer may not pay, directly or indirectly, any commission, brokerage, or other valuable consideration on account of any policy of insurance on any risk in this State to any nonresident or resident not duly licensed to act as agent or broker for the type of insurance involved.
(b) Notwithstanding the provisions of subsection (a), agents licensed under this title may write insurance at the request of other licensed agents or licensed brokers or licensed nonresident brokers and allow the licensed agents or licensed brokers or licensed nonresident brokers not exceeding one-half of the commissions which they receive on the business written.
(c) The limitations contained in subsection (b) with respect to the amount of commission which may be allowed other licensed agents or licensed brokers or licensed nonresident brokers do not apply where the insurance written is life insurance or accident and health insurance.
(d) This section does not prohibit the payment of a fee to a trade or professional association exempt from income tax under Section 501(c) of the Internal Revenue Code.
(e) Nothing in this section should be construed to prohibit any licensed insurance agent from rebating any portion of his commission collected on automobile insurance premiums to the insured upon that automobile insurance policy.
SECTION 26. Section 38-55-50 of the 1976 Code, as last amended by Section 2 of Act 465 of 1990, is amended to read:
"Section 38-55-50. 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 Sections 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, its 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 rebate of premium payable on the policy, 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 or 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.
This section does not prohibit the payment of a fee to a trade or professional association exempt from income tax under Section 501(c) of the Internal Revenue Code.
Further, this section does not prohibit the rebating of any commission to the insured on an automobile insurance policy collected by, or on behalf of, a licensed insurance agent.
SECTION 27. Beginning on March 1, 2000, the Director of the Department of Insurance shall review annually the impact of the repeal of the anti-rebate statutes concerning the sale of automobile insurance in South Carolina pursuant to this act and shall report annually to the General Assembly to his findings and recommendations, if any, along with the data and supporting information which the director utilized. In his review, the director shall evaluate the following, but is not limited to: the impact on automobile insurance premiums; any pattern of an insurance carrier, agent, broker, and others concerning the practice of rebating; any pattern of discrimination regarding the insured or policyholder, agent, broker, insurance carrier, or others; the impact on the automobile insurance industry, such as additional market entrants, number of insurance carriers, agents, or others who engage in this practice, or any change in the number of companies writing automobile insurance or of agents selling automobile insurance; and any complaints received by or made to the Department of Insurance concerning rebates in the sale of automobile insurance or regarding the repeal of the anti-rebate statutes concerning the sale of automobile insurance in South Carolina. The initial report by the Director of the Department of Insurance shall be submitted to the General Assembly by May 1, 2000, and notwithstanding any other provision of law, the director shall begin collecting data, material, and any information needed for this initial report on March 1, 1999. All subsequent reports shall be submitted to the General Assembly no later than March first of each year. Notwithstanding any other provision of law, the Director of the Department of Insurance shall make his final report on this matter to the General Assembly as provided herein on March 1, 2003, unless otherwise directed by the General Assembly; however, the director may at his discretion continue to submit a report to the General Assembly regarding this matter at any time after March 1, 2003, and shall continue to monitor the impact of the repeal of the anti-rebate statutes concerning the sale of automobile insurance in South Carolina pursuant to this act. The director may promulgate regulations in order to carry out the requirements of this section.
SECTION 28. If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision.
SECTION 29. Beginning March 1, 1999, insurers may nonrenew a policy that they have currently ceded to the South Carolina Reinsurance Facility. This provision does not apply to business written through the designated producers. Insurers may no longer cede to the facility after October 1, 1999. If a provision of this act or its application to a person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this act and the application of that provision to other persons or circumstances are not affected, and it must be conclusively presumed that the General Assembly would have enacted the remainder of this act without the invalid or unconstitutional provision. Insurers are not required to cede to the facility after March 1, 1999, and business ceded after March 1, 1999, must be renewal business to the facility. All renewal business ceded after March 1, 1999, must be ceded at the rate level approved for the reinsurance facility after combining its expense component with the loss component referenced in Section 38-77-596.
SECTION 30. Article 5 of Chapter 77, Title 38 of the 1976 Code is repealed effective January 1, 2006.
SECTION 31. Sections 38-73-450, 38-73-455, 38-73-457, 38-73-460, 38-73-465, 38-73-720, 38-73-730, 38-73-731, 38-73-735, 38-73-750, 38-73-760, 38-73-770, 38-73-775, 38-77-110, 38-77-111, 38-77-115, 38-77-145, 38-77-285, 38-77-360, 38-77-600, 38-77-605, 38-77-610, 38-77-620, and 38-77-625 and Article 9 of Chapter 77 of Title 38 of the 1976 Code are repealed.
SECTION 32. The provisions of this act take effect as follows: (a) Sections 1 and 2 on February 1, 1999; (b) Sections 4 through 17 and Sections 19, 23, 25, 26, 27, 29 and 31 on March 1, 1999; and (c) Sections 3, 18, 20, 21, 22, 24, 28 and 30 upon approval by the Governor, except as may be otherwise specifically provided in any of those sections.
Nonrenewal notices may be sent before March 1, 1999, for policies renewing on or after March 1, 1999./
Amend title to conform.
/s/Glenn F. McConnell /s/Harry F. Cato /s/C. Tyrone Courtney /s/Herbert Kirsh /s/Ernest L. Passailaigue, Jr. /s/Lynn Seithel On Part of the Senate. On Part of the House.
Rep. CATO explained the Free Conference Report.
Rep. KNOTTS spoke against the Free Conference Report.
Rep. KNOTTS moved to adjourn debate upon the Free Conference Report until Wednesday, January 7.
Rep. CATO moved to table the motion.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Baxley Beck Boan Brown, G. Brown, H. Campsen Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Easterday Edge Felder Gamble Hamilton Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jennings Jordan Keegan Kennedy Kinon Kirsh Koon Law Leach Lee Limbaugh Limehouse Littlejohn Maddox Martin McCraw McKay McLeod Meacham Miller Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Bowers Breeland Brown, T. Carnell Cave Cobb-Hunter Davenport Fleming Gourdine Govan Harrell Howard Inabinett Knotts Lloyd Loftis Mack Mason McMahand Moody-Lawrence Neal Parks Pinckney Quinn Sheheen Smith, F. Smith, J. Whatley Whipper
So, the motion to adjourn debate was tabled.
The question then recurred to the adoption of the Free Conference Report.
Rep. LOFTIS demanded the yeas and nays, which were taken resulting as follows:
Allison Altman Askins Bailey Barfield Barrett Battle Baxley Beck Boan Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Easterday Edge Felder Gamble Gourdine Hamilton Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Koon Law Leach Lee Limbaugh Limehouse Littlejohn Martin McCraw McKay McLeod Meacham Miller Moody-Lawrence Mullen Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bauer Bowers Breeland Brown, G. Brown, T. Carnell Cave Cobb-Hunter Davenport Fleming Govan Harrell Howard Inabinett Knotts Lloyd Loftis Mack Mason McMahand Neal Parks Pinckney Sharpe Sheheen Smith, F. Smith, J. Whatley
So, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
While I support insurance reform and the removal of the recoupment fee from the auto insurance premiums, I oppose this Bill (S. 254) because:
Proponents of this Bill stated up front that this Bill was not legislation to reduce auto insurance premiums in South Carolina but to bring insurance reform.
This Bill ushers in the same type plan the public rejected in 1973.
This Bill will increase the cost of auto insurance for the majority of drivers based on factors other than driving record.
Ultimately, when this plan converts to an assigned risk plan, it will be more difficult for the public to obtain auto insurance.
Rep. DWIGHT A. LOFTIS
I was temporarily out of the chamber when the final vote on S. 254 was taken. I would have voted in favor of the Bill and I hereby express my absolute commitment to its immediate implementation without delay.
Rep. JOE McMASTER
Please have the following inserted into the House Journal concerning my vote on Senate Bill 254:
Today I cast a negative vote for S. 254 (the Virginia Plan), automobile insurance reform. My negative vote should not be taken as my being against auto insurance reform. I have indicated for a long time that insurance reform was needed, but I have emphasized that insurance reform should be restructured in a way that benefits the citizens of South Carolina. In my opinion, S. 254, as it came out of Conference Committee, is not a Bill that will benefit the citizens of South Carolina and especially the insurance consumer. I feel that insurance reform could best be accomplished by working on our current laws to comply with recommendations made by the Legislative Audit Council when they audited the insurance facilities in 1997.
I was appointed to a Compliance Review Committee to see that the recommendations made by the Legislative Audit Council were instituted. Unfortunately, the Compliance Review Committee has only met one time and that was an organizational meeting to elect a Chairman and set an agenda. We have not, at this time, proceeded to work on the recommendations made by the Legislative Audit Council. I feel strongly that if we had met and worked on the recommendations of the Legislative Audit Council to improve our current system that we would have been able to make significant changes that would have improved insurance regulations that would have benefited the people of South Carolina.
The passage of S. 254, if it is ratified by the Governor, will take us back to the exact position the State was in in 1973, which ultimately led to the system that is being replaced. My main concern on S. 254 is that it does away with the mandate for insurers to write insurance in South Carolina. In other words, the companies will now be able to refuse its insurance for individuals, it can refuse renewal of an auto insurance policy, and it can cancel the auto insurance for certain reasons. This has not been the case since 1974.
There are other provisions of this Bill that make it less than desirable for my constituents and all citizens of this State.
Rep. RUDOLPH M. MASON
Rep. WITHERSPOON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cotty Dantzler Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Jordan Keegan Kinon Kirsh Koon Law Leach Limbaugh Limehouse Littlejohn Maddox Martin McCraw McKay McLeod Meacham Miller Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Rodgers Sandifer Seithel Sharpe Sheheen Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. WITHERSPOON, RHOAD and BARFIELD to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-1-290. It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. Except as provided in Section 50-11-170, this section shall not apply to the sale of rabbits and grey squirrels taken during the legally established seasons. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days."
SECTION 2. Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:
"Section 50-11-1920. (A) The proprietor of any an eating establishment who sells may sell or offers offer for sale venison only if the venison is nonnative from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.
(B) The sale of whitetail deer, wild or farm-raised, is prohibited.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.
(D) The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee.
(E) Venison which is permitted to be sold under the provisions of this section may be sold as a separately prepared item or when mixed with other items offered by the establishment and then prepared and served."
SECTION 3. Section 50-11-1920 of the 1976 Code, as amended by Section 1262, Act 181 of 1993, is further amended to read:
"Section 50-11-1920. (A) The proprietor of any an eating establishment who sells may sell or offers offer for sale venison only if the venison is nonnative from farm-raised deer and is processed through a government-approved facility. Before selling venison or offering it for sale, the eating establishment shall obtain a permit from the department at no cost. The eating establishment shall maintain adequate records to provide officials of the department information as to the source of the venison.
(B) The sale of whitetail deer, wild or farm-raised, is prohibited.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as for a violation of Section 50-11-1910.
(D) The provisions of this section do not apply to private functions unless the private function is catered by an eating establishment or catering company for a fee.
(E) Venison which is permitted to be sold under the provisions of this section may be sold as a separately prepared item or when mixed with other items offered by the establishment and then prepared and served.
(F) The Department of Natural Resources shall promulgate regulations to enforce the provisions of this section."
SECTION 4. This act takes effect May 1, 1998./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS; AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION./.
/s/Hon. Harvey S. Peeler /s/Hon. William D. Witherspoon /s/Hon. David L. Thomas /s/Hon. Thomas N. Rhoad /s/Hon. Robert L. Waldrep /s/Hon. Liston D. Barfield On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4332 (Word version) -- Rep. Limehouse: A HOUSE RESOLUTION TO COMMEND AND RECOGNIZE OUR ASSISTANT CHIEF PAGE OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, JAMES J. "JIMMY" BAILEY, JR., OF CHARLESTON COUNTY UPON THE OCCASION OF HIS FORTHCOMING GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA AND TO THANK HIM FOR HIS DEDICATION TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following was introduced:
H. 4333 (Word version) -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. DAVID T. SHANNON FOR HIS DISTINGUISHED CAREER AS A UNIVERSITY ADMINISTRATOR, PROFESSOR, AUTHOR, AND MINISTER OF THE GOSPEL UPON HIS RETIREMENT AS PRESIDENT OF ALLEN UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4334 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION CONGRATULATING EDWIN S. TAYLOR ON HIS RETIREMENT FROM THE CHARLESTON COUNTY PARK AND RECREATION COMMISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4335 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING CHIEF SUMMARY COURT JUDGE J. OSCAR ZOBEL FOR HIS DISTINGUISHED RECORD OF JUDICIAL SERVICE AND EXPRESSING APPRECIATION FOR HIS TWENTY-SIX AND ONE-HALF YEARS AS A NEWBERRY COUNTY MAGISTRATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4336 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILBURN BEASLEY OF TURBEVILLE, A LEGEND IN THE FREE WILL BAPTIST CHURCH, FOR A LIFETIME OF SERVICE AS A MINISTER AND COMMUNITY LEADER IN SOUTH CAROLINA AND THE SOUTHEAST.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4337 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. LEO RICHARDSON, DIRECTOR OF INDIVIDUAL AND PROVIDER RIGHTS FOR THE DEPARTMENT OF SOCIAL SERVICES, FOR HIS MANY YEARS OF SERVICE TO THE STATE AND TO WISH HIM WELL UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4338 (Word version) -- Rep. Breeland: A CONCURRENT RESOLUTION TO COMMEND THE STRONG FAMILY UPON THE OCCASION OF ITS THIRTY-SEVENTH REUNION TO BE HELD IN CHARLESTON AND TO PROCLAIM THE WEEK OF AUGUST 18 - 24, 1997, AS THE STRONG FAMILY REUNION WEEK IN CHARLESTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
June 10, 1997
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3961 (Word version), R. 176, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT; BY ADDING SECTION 56-5-5315 SO AS TO PROVIDE PROVISIONS THAT GOVERN THE OPERATION OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.
While much of this Bill properly addresses transportation issues, Section 56-5-5315(B) results in an intrusion by state and federal agencies into the day to day operation of intermodal terminals in the State of South Carolina. While the Bill contains important issues that need to be resolved, I believe these concerns can be more properly addressed by negotiation between the parties that are involved in this issue. I encourage the General Assembly to pass the remaining parts of this Bill which are necessary to comply with federal guidelines.
For the above reason, I am vetoing H. 3961, R. 176.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Howard Littlejohn McMahand Moody-Lawrence Stuart Tripp
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Bauer Baxley Beck Boan Brown, G. Brown, H. Brown, T. Byrd Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Inabinett Jennings Jordan Keegan Kennedy Kinon Kirsh Knotts Koon Law Leach Limbaugh Limehouse Loftis Mack Maddox Martin McCraw McKay McLeod Meacham Miller Mullen Neilson Parks Phillips Quinn Rhoad Riser Rodgers Sandifer Scott Sharpe Smith, R. Spearman Stoddard Townsend Vaughn Walker Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
My no button on my voting console would not work. I would have voted no on the veto on H. 3961.
Rep. LYNN SEITHEL
June 10, 1997
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3286 (Word version), R. 156, an Act:
TO AMEND SECTIONS 40-30-40 AND 40-30-65, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADVISORY PANEL AND DISCIPLINARY PANEL, RESPECTIVELY, FOR MASSAGE/BODYWORK, SO AS TO ALLOW A MEMBER OF EITHER PANEL TO SERVE MORE THAN TWO TERMS AND TO REQUIRE COMPENSATION FOR PANEL MEMBERS AS AUTHORIZED FOR MEMBERS OF BOARDS AND COMMISSIONS; TO AMEND SECTION 40-30-80, AS AMENDED, RELATING TO FEES SO AS TO PROVIDE FOR APPLICATION, RENEWAL, AND LATE FEES; TO AMEND SECTION 40-30-180, RELATING TO MASSAGE/BODYWORK LICENSE RENEWAL, SO AS TO PROVIDE REACTIVATION PROCEDURES WHEN CONTINUING EDUCATION REQUIREMENTS ARE NOT MET FOR RENEWAL; TO AMEND SECTION 40-30-220, RELATING TO RESTRAINING ORDERS, SO AS TO PROVIDE THAT THE ADMINISTRATIVE PROCEDURES ACT RATHER THAN RULES OF CIVIL PROCEDURE APPLIES WHEN SEEKING AN ORDER; SECTION 40-30-310, RELATING TO VIOLATIONS OF THE CHAPTER, SO AS TO PROVIDE THAT AN ACTION FOR INJUNCTIVE RELIEF MAY BE BROUGHT THROUGH THE ADMINISTRATIVE LAW JUDGE DIVISION RATHER THAN CIRCUIT COURT; TO AMEND ACT 387 OF 1996, RELATING TO GRANDFATHERING PROVISIONS FOR MASSAGE/BODYWORK THERAPISTS, SO AS TO PROVIDE FOR THE WAIVER OF THE EXAMINATION UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE THAT INITIAL PANEL APPOINTEES ARE NOT REQUIRED TO BE LICENSED TO PRACTICE MASSAGE/BODYWORK UNTIL JANUARY 1, 1998, IF OTHER REQUIREMENTS ARE MET.
The language of H. 3286, R. 156 of 1997, removes term limit restrictions from existing law. I have always supported term limits for Boards and Commissions and believe that the removal of term limits from existing law is contrary to allowing broader participation for the citizens of South Carolina. I encourage the General Assembly to pass the remaining provisions of this Bill.
For the above reason, I am vetoing H. 3286, R. 156.
Sincerely,
David M. Beasley
Rep. SHARPE explained the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bauer Breeland Brown, G. Cobb-Hunter Hines, M. Hodges Howard Inabinett Lee Lloyd Mack McLeod McMahand Neal Parks Scott Smith, F. Smith, J. Stoddard Tripp Whipper
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Baxley Beck Brown, H. Brown, T. Campsen Cato Cave Chellis Clyburn Cooper Cotty Dantzler Davenport Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hinson Jennings Jordan Keegan Kennedy Kinon Kirsh Knotts Koon Law Leach Limbaugh Littlejohn Loftis Maddox Martin Mason McCraw McKay Meacham Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
My no button on my voting console would not work. I would have voted no on the veto on H. 3286.
Rep. LYNN SEITHEL
Sincerely,
David M. Beasley
Rep. VAUGHN explained the veto.
Rep. BAXLEY spoke against the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Kelley Kennedy Kinon Kirsh Knotts Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McKay 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 Stoddard Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Barfield Keegan Koon Stuart
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
June 10, 1997
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4156 (Word version), R. 187, an Act:
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.
This veto is based upon my belief that H. 4156, R. 187 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 4156, R. 187.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Davenport Hawkins Howard Lanford Lee Littlejohn Martin McLeod Smith, D. Vaughn Walker
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
June 14, 1997
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3847 (Word version), R. 242, an Act:
TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
This veto is based upon my belief that H. 3847, R. 242 is unconstitutional. Article VIII, Section 34 of the South Carolina Constitution prohibits the enactment of a special law where a general law can be made applicable.
For the above reason, I am vetoing H. 3847, R. 242 of 1997.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Delleney Kirsh McCraw McLeod Meacham Moody-Lawrence Simrill
Those who voted in the negative are:
June 13, 1997
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 3253 (Word version), R. 216, an Act:
TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY, SUBJECT TO CONSENT, AVAILABLE FUNDING, AND A FIFTEEN-DAY LIMIT EACH YEAR.
This Bill allows the Adjutant General to activate the National Guard or State Guard under certain conditions. Without adequate safeguards, this Bill does not accomplish its intended purpose. While I understand the intent of the General Assembly in adopting this Bill, I cannot allow it to become law in its present form.
For the above reason, I am vetoing H. 3253, R. 216 of 1997.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Battle Baxley Beck Bowers Breeland Brown, G. Brown, T. Canty Carnell Cato Clyburn Cobb-Hunter Cooper Cotty Davenport Delleney Gourdine Harris, A. Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Kinon Lanford Lee Littlejohn Lloyd Mack Maddox Mason McCraw McLeod McMahand McMaster Miller Neal Parks Phillips Pinckney Quinn Rhoad Robinson Sandifer Scott Sheheen Smith, F. Smith, J. Stoddard Tripp Vaughn Walker Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Bauer Boan Brown, H. Brown, J. Campsen Cave Chellis Cromer Dantzler Easterday Edge Felder Gamble Hamilton Harrell Harrison Haskins Hinson Keegan Kennedy Kirsh Knotts Koon Law Leach Limbaugh Limehouse Loftis Martin McKay Meacham Moody-Lawrence Mullen Neilson Rice Riser Rodgers Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Trotter Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
My no button on my voting console would not work. I would have voted no on the veto on H. 3253.
Rep. LYNN SEITHEL
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R146, S. 712 by a vote of 35 to 0.
(R146) S. 712 (Word version) -- Senator Bryan: AN ACT TO AMEND ACT 1182 OF 1968, AS AMENDED. RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.
Very respectfully,
President
Received as information.
June 10, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 712 (Word version), R. 146, an Act:
TO AMEND ACT 1182 OF 1968, AS AMENDED. RELATING TO THE DUNKLIN FIRE DISTRICT IN GREENVILLE COUNTY SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD OF FIRE CONTROL FOR THE DISTRICT FROM THREE TO FIVE MEMBERS EFFECTIVE WITH THE 1998 GENERAL ELECTION, TO REQUIRE THE MEMBERS TO BE PUBLICLY ELECTED AT LARGE FROM THE DISTRICT AND TO PROVIDE FOR THE TERMS FOR THE EXISTING AND NEW MEMBERS OF THE RECONSTITUTED BOARD.
This veto is based upon my belief that S. 712, R. 146 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 712, R.146.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Easterday Hamilton Haskins Leach Loftis McMahand Rice Tripp Wilkins
Those who voted in the negative are:
Sheheen
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R124, S. 358 by a vote of 29 to 3.
(R124) S. 358 (Word version) -- Senator Bryan: AN ACT TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
Very respectfully,
President
Received as information.
June 10, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 358 (Word version), R. 124, an Act:
TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY CERTIFIED OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.
I am vetoing S. 358, R. 124, because, historically, appointments to the Board of Examiners in Optometry have not required the advice and consent of the Senate. I have been given no reason to justify the imposition of this requirement, and I do not believe that it is appropriate.
It is unfortunate that important legislation is being delayed by the addition of unnecessary provisions to a law that has worked well for years. I encourage the General Assembly to pass the original provisions of this Bill as quickly as possible.
For the above reasons, I am vetoing S. 358, R. 124 of 1997.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Breeland Brown, G. Carnell Cave Clyburn Cobb-Hunter Gourdine Govan Hines, M. Hodges Howard Inabinett Kirsh Lee Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Neal Pinckney Riser Smith, J. Stoddard Whipper Wilder
Those who voted in the negative are:
Allison Askins Barfield Barrett Bauer Baxley Beck Boan Brown, H. Brown, J. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Gamble Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hinson Jennings Jordan Keegan Kennedy Kinon Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Martin Mason McCraw McKay Neilson Phillips Quinn Rhoad Rice Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
My no button on my voting console would not work. I would have voted no on the veto on S. 358.
Rep. LYNN SEITHEL
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 202, S. 640 by a vote of 35 to 0.
(R202) S. 640 (Word version) -- Senator Rankin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY, TO PROVIDE AN EXCEPTION, AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
Very respectfully,
President
Received as information.
June 13, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my signature S. 640 (Word version), R. 202, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-525 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH A RALLY FOR RECREATIONAL VEHICLES AT WHICH ARE DISPLAYED OR EXHIBITED SUCH VEHICLES MAY BE HELD INCLUDING A REQUIREMENT THAT A PERMIT BE OBTAINED FROM THE DEPARTMENT OF PUBLIC SAFETY AT A FEE OF TWO HUNDRED FIFTY DOLLARS IN ORDER TO CONDUCT SUCH A RALLY, TO LIMIT SUCH RALLIES TO NO MORE THAN EIGHT A YEAR AT A CAMPGROUND, TO PROHIBIT THE SALE OF VEHICLES AT A PERMITTED RALLY, TO PROVIDE AN EXCEPTION, AND TO DEFINE "CAMPGROUND" AND "RALLY" FOR THE ABOVE PURPOSES.
I am vetoing S. 640, R. 202 because it creates an unnecessary level of bureaucracy and new fees. The legislation is also burdensome to the general public. Although the intent of the law is to regulate rallies for recreational vehicles, as worded, the Bill could be interpreted to regulate private and charitable groups as well.
For the above reason, I am vetoing S.640, R. 202 of 1997.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Brown, T. Davenport Edge Howard Inabinett Keegan Lloyd McCraw Seithel Stoddard Witherspoon
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jennings Jordan Kennedy Kinon Kirsh Knotts Koon Lanford Leach Limbaugh Limehouse Littlejohn Maddox Martin Mason McKay McLeod Meacham Miller Moody-Lawrence Mullen Neilson Parks Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stuart Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. HARRELL moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, ACTING SPEAKER H. BROWN in the Chair.
The question of a quorum was raised. A quorum was later present.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3919:
H. 3919 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Conference on H. 3919:
H. 3919 (Word version) -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3365 SO AS TO ALLOW A TAXPAYER WHO OPERATES A QUALIFYING DISTRIBUTION FACILITY TO USE INCOME TAX CREDITS AGAINST OTHER STATE TAX LIABILITIES OTHER THAN PROPERTY TAX; TO AMEND SECTION 12-6-3490, RELATING TO THE LICENSE TAX CREDIT FOR CASH PAID TO PROVIDE INFRASTRUCTURE FOR A QUALIFIED PROJECT, SO AS TO ALLOW A PUBLICLY BUILT OFFICE PARK TO QUALIFY AS A QUALIFYING PROJECT AND DEFINE A QUALIFYING PROJECT; AND TO AMEND SECTION 12-14-60, RELATING TO THE ECONOMIC IMPACT ZONE INVESTMENT TAX CREDIT, SO AS TO ALLOW A TEN YEAR CARRY-OVER OF THE CREDIT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 242, H. 3847 by a vote of 28 to 0.
(R242) H. 3847 (Word version) -- Reps. Meacham and Kirsh: AN ACT TO AMEND SECTION 39-55-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM ACREAGE OF LAND REQUIRED FOR USE AS A CEMETERY, SO AS TO PROVIDE AN EXCEPTION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R. 123, S. 340 by a vote of 0 to 36.
(R123) S. 340 (Word version) -- Senator Leatherman: AN ACT TO AMEND SECTION 12-54-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND ENFORCEMENT OF TAXES BY THE STATE, SO AS TO INCREASE THE FINE FOR FILING A FALSE RETURN FOR DELAY PURPOSES, TO REQUIRE AWARD OF DAMAGES BY THE ADMINISTRATIVE LAW JUDGE RATHER THAN THE CIRCUIT COURT FOR FRIVOLOUS OR DILATORY PROCEEDINGS, AND TO REDUCE JAIL SENTENCE FROM ONE YEAR TO THIRTY DAYS FOR WILFULLY SUPPLYING FALSE WITHHOLDING INFORMATION TO EMPLOYER; TO AMEND SECTION 12-54-46, RELATING TO FILING OF FALSE EXEMPTION CERTIFICATE, SO AS TO DELETE THE LIMIT ON THE TOTAL PENALTY AMOUNT; TO AMEND SECTION 12-8-1030, RELATING TO DETERMINATION OF PROPER WITHHOLDING EXEMPTION BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PROCEDURE FOR APPEALING THE DETERMINATION; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING EMPLOYER WITH FALSE INFORMATION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 187, H. 4156 by a vote of 29 to 0.
(R187) H. 4156 (Word version) -- Rep. Littlejohn: AN ACT 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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Free Conference on S. 254:
S. 254 (Word version) -- 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". (Abbreviated Title)
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses having adopted the report of the Committee of Free Conference on H. 3155:
H. 3155 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 159, H. 3450 by a vote of 29 to 0.
(R159) H. 3450 (Word version) -- Reps. Vaughn, Simrill, Rice, F. Smith, Easterday, Quinn, Townsend, Hawkins, Haskins, Maddox, Allison, Lee, Leach, Stille, Hamilton, Cato, McMahand, Tripp, Riser, Loftis, Littlejohn, Robinson, Walker, Davenport, Martin, Bowers, Rodgers, Miller, Battle, Lanford, Witherspoon and Mason: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO COUNTIES IN THE PROPORTION THE COUNTY'S DISTRIBUTION OF "C" FUNDS IS OF THE TOTAL OF SUCH DISTRIBUTIONS STATEWIDE AND TO PROVIDE THAT THESE DISTRIBUTIONS SHALL NOT INCLUDE COUNTIES THAT ADMINISTER THEIR OWN "C" FUNDS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 739, R. 148 by a vote of 29 to 0.
(R148) S. 739 (Word version) -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
Very respectfully,
President
Received as information.
June 10, 1997
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, South Carolina 29202
Mr. President and Members of the Senate:
I am hereby returning without my signature S. 739 (Word version), R. 148, an Act:
TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT, SO AS TO EXPAND THE BOUNDARIES OF THE DISTRICT, ADD TWO MEMBERS TO THE GOVERNING BODY OF THE DISTRICT, PROVIDE FOR THE REPRESENTATION OF THE MEMBERS OF THE GOVERNING BODY, AND PROVIDE FOR THE TERMS OF THE TWO NEW MEMBERS.
This veto is based upon my belief that S. 739, R. 148 of 1997, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing S. 739, R. 148.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Brown, T. Edge Keegan Kelley Miller
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 829 (Word version) -- Senator Holland: A CONCURRENT RESOLUTION TO CONGRATULATE BATTERY B 713TH AAA GUN BATTALION OF SOUTH CAROLINA NATIONAL GUARD, KERSHAW COUNTY, ON ITS FORTY-SEVENTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
June 14, 1997
Dear Mr. Speaker and Members of the House:
I am returning H. 3402 (Word version), R. 223, appropriations from the Capital Reserve Fund, with vetoes.
I am vetoing these three items to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.
Veto 1 Section 1, page 2, item (7) (b), Department of Archives and History, South Carolina History Center Relocation, $104,000
Veto 2 Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000
Veto 3 Section 1, page 3, item (16) (b), Department of Mental Health, Patient Paying Fee Account, $1,000,000
For the above reason, I veto these items.
Sincerely,
David M. Beasley
Veto 1 Section 1, page 2, item (7) (b), Department of Archives and History, South Carolina History Center Relocation, $104,000
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Battle Bauer Baxley Breeland Brown, H. Byrd Carnell Cave Cotty Davenport Fleming Govan Hines, M. Hodges Howard Law Lee Lloyd Mack McLeod McMahand Neal Parks Phillips Pinckney Robinson Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stoddard Stuart Whipper Wilder
Those who voted in the negative are:
Allison Barfield Barrett Beck Boan Brown, J. Campsen Cato Chellis Cooper Delleney Easterday Edge Felder Gamble Hamilton Harrell Harris, A Hawkins Hinson Jordan Keegan Kelley Kirsh Knotts Koon Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McMaster Meacham Moody-Lawrence Mullen Neilson Rhoad Rice Riser Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Veto 2 Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gourdine Govan Hamilton Harrell Harris, A Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jordan Keegan Kelley Knotts Koon Law Leach Lee Limbaugh Limehouse Lloyd Mack Maddox Martin Mason McCraw McKay 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 Stoddard Stuart Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Kirsh Stille
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3402 General Subject Matter: Veto No. 2
Page 2 Section 1.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of U.S.C.
Rep. MARGARET J. GAMBLE
Veto 3 Section 1, page 3, item (16) (b), Department of Mental Health, Patient Paying Fee Account, $1,000,000 The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Bowers Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Davenport Delleney Gourdine Govan Harris, A. Hines, J. Hines, M. Hodges Howard Inabinett Kennedy Kirsh Lee Lloyd Mack Maddox McCraw McLeod McMahand Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Scott Sheheen Simrill Smith, F. Smith, J. Stoddard Whipper Wilder
Those who voted in the negative are:
Askins Barfield Barrett Bauer Beck Boan Brown, H. Brown, J. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Haskins Hawkins Hinson Jordan Keegan Kelley Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McKay McMaster Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3665 (Word version) -- Ways and Means Committee: SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The General Assembly finds that:
(1) Adequate transportation facilities are an important element in the ability of a community to provide for the health and welfare of its citizens and the continuing economic growth and development that will provide jobs for the citizens of South Carolina.
(2) Traditional transportation financing methods in South Carolina cannot generate the resources necessary to fund the cost of transportation facilities which are required for continued economic viability and future economic expansion.
(3) The State of South Carolina has the ability to provide for alternative methods of financing highway and transportation projects which, when combined with existing financing sources and methods, will allow the State to address its transportation needs in a more timely and responsive manner.
(4) Loans and other financial assistance to government units and private entities can play an important part in meeting transportation needs. This assistance is in the public interest for the public benefit and good as a matter of legislative intent.
(5) The chapter provides an instrumentality to assist government units and private entities in constructing and improving highway and transportation facilities by providing loans and other financial assistance.
(6) It is the General Assembly's intent for the instrumentality created by this act to focus greater attention on larger transportation projects, and thereby allow the South Carolina Department of Transportation's resources to be devoted sooner to smaller, but yet important, rural transportation projects.
SECTION 2. Title 11 of the 1976 Code is amended by adding:
Section 11-43-110. This chapter may be referred to as the 'South Carolina Transportation Infrastructure Bank Act.'
Section 11-43-120. (A) There is created a body corporate and politic and an instrumentality of the State to be known as the South Carolina Transportation Infrastructure Bank.
(B) The bank is governed by a board of directors as provided in this chapter.
(C) The corporate purpose of the bank is to select and assist in financing major qualified projects by providing loans and other financial assistance to government units and private entities for constructing and improving highway and transportation facilities necessary for public purposes including economic development. The exercise by the bank of a power conferred in this chapter is an essential public function.
(D) The bank shall establish and maintain at least the four following accounts: state highway account, state transit account, federal highway account, and federal transit account.
Section 11-43-130. As used in this chapter unless the context clearly indicates otherwise:
(1) 'Bank' means the South Carolina Transportation Infrastructure Bank.
(2) 'Board' means the board of directors of the bank.
(3) 'Bonds' means bonds, notes, or other evidence of indebtedness except as otherwise provided in Article 3 of this chapter.
(4) 'Department of Transportation' means the South Carolina Department of Transportation and its successors.
(5) 'Eligible cost' means as applied to a qualified project to be financed from the federal accounts, the costs that are permitted under applicable federal laws, requirements, procedures, and guidelines in regard to establishing, operating, and providing assistance from the bank. As applied to a qualified project to be financed from the state highway account, these costs include the costs of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, and other costs necessary for the qualified project. As applied to any qualified project to be financed from the state transit account, eligible project costs are limited to capital expenditures for transit equipment and facilities.
(6) 'Eligible project' means a highway, including bridges, or transit project which provides public benefits by either enhancing mobility and safety, promoting economic development, or increasing the quality of life and general welfare of the public.
(7) 'Federal accounts' means collectively, the separate account for federal highway funds and federal transit funds.
(8) 'Financing agreement' means any agreement entered into between the bank and a qualified borrower pertaining to a loan or other financial assistance. This agreement may contain, in addition to financial terms, provisions relating to the regulation and supervision of a qualified project, or other provisions as the board may determine. The term 'financing agreement' includes, without limitation, a loan agreement, trust indenture, security agreement, reimbursement agreement, guarantee agreement, bond or note, ordinance or resolution, or similar instrument.
(9) 'Government unit' means a municipal corporation, county, special purpose district, special service district, commissioners of public works, or another public body, instrumentality or agency of the State including combinations of two or more of these entities acting jointly to construct, own, or operate a qualified project, and any other state or local authority, board, commission, agency, department, or other political subdivision created by the General Assembly or pursuant to the Constitution and laws of this State which may construct, own, or operate a qualified project.
(10) 'Loan' means an obligation subject to repayment which is provided by the bank to a qualified borrower for all or a part of the eligible cost of a qualified project. A loan may be disbursed in anticipation of reimbursement for or direct payment of eligible costs of a qualified project.
(11) 'Loan obligation' means a bond, note, or other evidence of an obligation issued by a qualified borrower.
(12) 'Other financial assistance' means, but is not limited to, grants, contributions, credit enhancement, capital or debt reserves for bonds or debt instrument financing, interest rate subsidies, provision of letters of credit and credit instruments, provision of bond or other debt financing instrument security, and other lawful forms of financing and methods of leveraging funds that are approved by the board, and in the case of federal funds, as allowed by federal law.
(13) 'Private entity' means a private person or entity that has entered into a contract with a government unit to design, finance, construct, and operate a highway, bridge, tunnel, or approach that is within the jurisdiction of the government unit that is responsible for complying with applicable federal requirements.
(14) 'Project revenues' means all rates, rents, fees, assessments, charges, and other receipts derived or to be derived by a qualified borrower from a qualified project or made available from a special source, and, as provided in the applicable financing agreement, derived from any system of which the qualified project is a part of, from any other revenue producing facility under the ownership or control of the qualified borrower including, without limitation, proceeds of grants, gifts, appropriations and loans, including the proceeds of loans made by the bank, investment earnings, reserves for capital and current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property and from any other special source as may be provided by the qualified borrower.
(15) 'Qualified borrower' means any government unit or private entity which is authorized to construct, operate, or own a qualified project.
(16) 'Qualified project' means an eligible project which has been selected by the bank to receive a loan or other financial assistance from the bank to defray an eligible cost.
(17) 'Revenues' means, when used with respect to the bank, any receipts, fees, income, or other payments received or to be received by the bank including, without limitation, receipts and other payments deposited in the bank and investment earnings on its funds and accounts.
(18) 'State accounts' means, collectively, the separate account for state highway funds and state transit funds.
Section 11-43-140. The board of directors is the governing board of the bank. The board consists of seven voting directors as follows: the Chairman of the Department of Transportation Commission, ex officio; one director appointed by the Governor who shall serve as chairman; one director appointed by the Governor; one director appointed by the Speaker of the House of Representatives; one member of the House of Representatives appointed by the Speaker, ex officio; one director appointed by the President Pro Tempore of the Senate; and one member of the Senate appointed by the President Pro Tempore of the Senate, ex officio. Directors appointed by the Governor, the Speaker, and the President Pro Tempore shall serve terms coterminous with those of their appointing authority. The terms for the legislative members are coterminous with their terms of office. The vice chairman must be elected by the board. Any person appointed to fill a vacancy must be appointed in the same manner as the original appointee for the remainder of the unexpired term.
Section 11-43-150. (A) In addition to the powers contained elsewhere in this chapter, the bank has all power necessary, useful, or appropriate to fund, operate, and administer the bank, and to perform its other functions including, but not limited to, the power to:
(1) have perpetual succession;
(2) adopt, promulgate, amend, and repeal bylaws, not inconsistent with provisions in this chapter for the administration of the bank's affairs and the implementation of its functions including the right of the board to select qualifying projects and to provide loans and other financial assistance;
(3) sue and be sued in its own name;
(4) have a seal and alter it at its pleasure, although the failure to affix the seal does not affect the validity of an instrument executed on behalf of the bank;
(5) make loans to qualified borrowers to finance the eligible costs of qualified projects and to acquire, hold, and sell loan obligations at prices and in a manner as the board determines advisable;
(6) provide qualified borrowers with other financial assistance necessary to defray eligible costs of a qualified project;
(7) enter into contracts, arrangements, and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to the exercise of the powers granted in this chapter;
(8) enter into agreements with a department, agency, or instrumentality of the United States or of this State or another state for the purpose of planning and providing for the financing of qualified projects;
(9) establish:
(a) policies and procedures for the making and administering of loans and other financial assistance; and
(b) fiscal controls and accounting procedures to ensure proper accounting and reporting by the bank, government units, and private entities;
(10) acquire by purchase, lease, donation, or other lawful means and sell, convey, pledge, lease, exchange, transfer, and dispose of all or any part of its properties and assets of every kind and character or any interest in it to further the public purpose of the bank;
(11) procure insurance, guarantees, letters of credit, and other forms of collateral or security or credit support from any public or private entity, including any department, agency, or instrumentality of the United States or this State, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security or credit support;
(12) collect or authorize the trustee under any trust indenture securing any bonds to collect amounts due under any loan obligations owned by it, including taking the action required to obtain payment of any sums in default;
(13) unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any loan obligations owned by it;
(14) borrow money through the issuance of bonds and other forms of indebtedness as provided in this chapter;
(15) expend funds to obtain accounting, management, legal, financial consulting, and other professional services necessary to the operations of the bank;
(16) expend funds credited to the bank as the board determines necessary for the costs of administering the operations of the bank;
(17) establish advisory committees as the board determines appropriate, which may include individuals from the private sector with banking and financial expertise;
(18) procure insurance against losses in connection with its property, assets, or activities including insurance against liability for its acts or the acts of its employees or agents or to establish cash reserves to enable it to act as a self-insurer against any and all such losses;
(19) collect fees and charges in connection with its loans or other financial assistance;
(20) apply for, receive and accept from any source, aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made;
(21) enter into contracts or agreements for the servicing and processing of financial agreements; and
(22) do all other things necessary or convenient to exercise powers granted or reasonably implied by this chapter.
(B) The bank is not authorized or empowered to be or to constitute a bank or trust company within the jurisdiction or under the control of the State or an agency of it or the Comptroller of the Currency or the Treasury Department of the United States, or a bank, banker, or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange, or securities dealers' law of the United States or this State.
Section 11-43-160. (A) The following sources may be used to capitalize the bank and for the bank to carry out its purposes:
(1) an annual contribution set by the board of up to three percent of the funds appropriated for the construction and maintenance of state highways, however, the contribution must be used to match federal capitalization grants to the bank and to provide capital for the state accounts of the bank;
(2) federal funds made available to the State;
(3) federal funds made available to the State for the bank;
(4) contributions and donations from government units, private entities, and any other source as may become available to the bank including, but not limited to, appropriations from the General Assembly;
(5) all monies paid or credit to the bank, by contract or otherwise, payments of principal and interest on loans or other financial assistance made from the bank, and interest earnings which may accrue from the investment or reinvestment of the bank's monies;
(6) proceeds from the issuance of bonds as provided in this chapter;
(7) other lawful sources as determined appropriate by the board; and
(8) loans from the Department of Transportation to the bank to be repaid from revenues committed to the bank for the following year.
(B) Beginning in fiscal year 1998-99, the revenues collected pursuant to Sections 56-3-660 and 56-3-670 and placed in the state highway account, as created by this chapter, must be used to provide capital for the bank.
Section 11-43-170. (A) Earnings on balances in the federal accounts must be credited and invested according to federal law. Earnings on state accounts must be credited to the state highway account or state transit account that generates the earnings. The bank may establish accounts and subaccounts within the state accounts and federal accounts as considered desirable to effectuate the purposes of this chapter, or to meet the requirements of any state or federal programs. All accounts must be held in trust by the State Treasurer.
(B) For necessary and convenient administration of the bank, the board shall direct the State Treasurer to establish federal and state accounts and subaccounts within the bank necessary to meet any applicable federal law requirements or as the bank shall determine necessary or desirable in order to implement the provisions of this chapter.
(C) The bank shall comply with all applicable federal laws and regulations prohibiting the commingling of certain federal funds deposited in the bank.
Section 11-43-180. (A) The bank may provide loans and other financial assistance to a government unit or private entity to pay for all or part of the eligible cost of a qualified project. Prior to providing a loan or other financial assistance to a qualified borrower, the board must obtain the review and approval of the Joint Bond Review Committee. The term of the loan or other financial assistance must not exceed the useful life of the project. The bank may require the government unit or private entity to enter into a financing agreement in connection with its loan obligation or other financial assistance. The board shall determine the form and content of loan applications, financing agreements, and loan obligations including the term and rate or rates of interest on a financing agreement. The terms and conditions of a loan or other financial assistance from federal accounts shall comply with applicable federal requirements.
(B) The board shall determine which projects are eligible projects and then select from among the eligible projects those qualified to receive from the bank a loan or other financial assistance. Preference must be given to eligible projects which have local financial support. In selecting qualified projects, the board shall consider the projected feasibility of the project and the amount and degree of risk to be assumed by the bank. The board also may consider, but must not be limited to, the following criteria in making its determination that an eligible project is a qualified project:
(1) the local support of the project, expressed by resolutions by the governing bodies in the areas in which the project will be located, and the financial or in-kind contributions to the project;
(2) maximum economic benefit, enhancement of mobility, enhancement of public safety, acceleration of project completion, and enhancement of transportation services;
(3) the ability of the applicant to repay a loan according to the terms and conditions established pursuant to this chapter, consideration of which may include, at the option of the bank board, the existence of current investment grade rating on existing debt of the applicant secured by the same revenues to be pledged to secure repayment under the loan repayment agreement;
(4) the financial or in-kind contributions to the project;
(5) greater weighting in recommending priorities for eligible projects to areas of the State experiencing high unemployment; and
(6) whether the governing bodies of the county or the incorporated municipality in which the project is to be located provides to the bank a resolution which makes a finding that the project is essential to economic development in the political subdivisions, or the bank receives a resolution or certificate from the Advisory Coordinating Council for Economic Development of the Department of Commerce that the project is essential to economic development in the State, or both, at the option of the board.
Section 11-43-190. (A) Qualified borrowers are authorized to obtain loans or other financial assistance from the bank through financing agreements. Qualified borrowers entering into financing agreements and issuing loan obligations to the bank may perform any acts, take any action, adopt any proceedings, and make and carry out any contracts or agreements with the bank as may be agreed to by the bank and any qualified borrower for the carrying out of the purposes contemplated by this chapter.
(B) In addition to the authorizations contained in this chapter, all other statutes or provisions permitting government units to borrow money and issue obligations including, but not limited to, the Revenue Bond Act for Utilities and the Revenue Bond Refinancing Act of 1937, may be utilized by any government unit in obtaining a loan or other financial assistance from the bank to the extent determined necessary or useful by the government unit in connection with any financing agreement and the issuance, securing, or sale of loan obligations to the bank. Notwithstanding the foregoing, obligations secured by ad valorem taxes may be issued by a government unit and purchased by the bank without regard to any public bidding requirement.
(C) A qualified borrower may receive, apply, pledge, assign, and grant security interest in project revenues, and, in the case of a governmental unit, its project revenues, revenues derived from a special source or ad valorem taxes, to secure its obligations as provided in this chapter, and may fix, revise, charge, and collect fees, rates, rents, assessments, and other charges of general or special application for the operation or services of a qualified project, the system of which it is a part, and any other revenue producing facilities from which the qualified borrower derives project revenues, to meet its obligations under a financing agreement or to provide for the construction and improving of a qualified project.
(D) A qualified borrower must comply with the provisions of Section 12-27-1320 and Section 12-28-2930 in the expenditure of the proceeds of a loan or other financial assistance provided by the bank for a qualified project.
Section 11-43-200. The bank is performing an essential governmental function in the exercise of the powers conferred upon it and is not required to pay taxes or assessments upon property or upon its operations or the income from them, or taxes or assessments upon property or loan obligations acquired or used by the bank or upon the income from them.
Section 11-43-210. (A) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the State Treasurer who, subject to the withholding of amounts under Article X, Section 14 of the Constitution, shall withhold all or a portion of the funds of the State and all funds administered by the State, its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due.
(B) Nothing contained in this section mandates the withholding of funds allocated to a government unit or private entity which would violate contracts to which the State is a party, the requirements of federal law imposed on the State, or judgments of a court binding on the State.
Section 11-43-220. Neither the board nor any officer, employee, or committee of the bank acting on behalf of it, while acting within the scope of this authority, is subject to any liability resulting from carrying out any of the powers given in this chapter.
Section 11-43-230. Notice, proceeding, or publication, except those required in this chapter, are not necessary to the performance of any act authorized in this chapter nor is any act of the bank subject to any referendum.
Section 11-43-240. All money of the bank, except as authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the bank not needed for immediate use or disbursement may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Section 11-9-660. All federal funds must be invested as required by applicable federal law.
Section 11-43-250. Following the close of each state fiscal year, the bank shall submit an annual report of its activities for the preceding year to the Governor and to the General Assembly. The bank also shall submit an annual report to the appropriate federal agency in accordance with requirements of any federal program. An independent certified public accountant shall perform an audit of the books and accounts of the bank at least once in each state fiscal year.
Section 11-43-260. This chapter, being for the welfare of this State and its inhabitants, must be liberally construed to effect the purposes specified in this chapter. However, nothing in this chapter must be construed as affecting any proceeding, notice, or approval required by law for the issuance by a government unit or private entity of the loan obligations, instruments, or security for loan obligations.
Section 11-43-270. If any provision of this chapter is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is severable from the remaining provisions of the chapter and that the holding does not invalidate or render unenforceable another provision of the chapter.
Section 11-43-310. As used in this article, unless a different meaning clearly appears from the context:
(1) 'Bank' means the South Carolina Transportation Infrastructure Bank.
(2) 'Bonds' means any bonds, notes, debentures, interim certificates, grant or revenue anticipation notes, or any other evidence of indebtedness of the bank incurred pursuant to this article.
Section 11-43-315. Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any bonds then outstanding, the bank may issue bonds as provided in this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of the bonds.
Section 11-43-320. The bank may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any loan obligation owned by the bank, any grant, contribution, or guaranty from the United States, the State, or any corporation, association, institution, or person, any other property or assets of the bank, or a pledge of any money, income, or revenue of the bank from any source.
Section 11-43-330. Bonds issued by the bank do not constitute a debt or a pledge of the full faith and credit of this State, or any of its political subdivisions other than the bank, but are payable solely from the revenue, money, or property of the bank as provided in this chapter. The bonds issued do not constitute an indebtedness of the State within the meaning of any constitutional or statutory limitation. No member of the bank or any person executing bonds of the bank is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this article must contain on its face a statement to the effect that:
(1) neither the State, nor any of its political subdivisions, nor the bank is obligated to pay the principal of or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the bank pledged;
(2) neither the full faith and credit nor the taxing power of the State, or any of its political subdivisions, is pledged to the payment of the principal of or interest on the bond;
(3) the bank does not have taxing power.
Section 11-43-340. The bonds of the bank must be authorized by a resolution of the bank. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than forty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the bank prior to their issuance. The bonds may bear interest payable at a time and at a rate as determined by the bank, including the determination by agents designated by the bank under guidelines established by it. Bonds may be sold by the bank at public or private sale at the price it determines and approves. The State Treasurer shall issue the bonds of the bank not later than sixty days upon the resolution of the bank authorizing the issuance of the bonds.
Section 11-43-350. (A) Bonds may be secured by a trust indenture between the bank and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the bank in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The bank may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the bank to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the bank under the trust indenture may be treated as part of its operating expenses.
(B) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to:
(1) pledging all or any part of the revenue of the bank to secure the payment of the bonds;
(2) pledging all or any part of the assets of the bank including loan obligations owned by it to secure the payment of the bonds;
(3) the use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations owned by the bank;
(4) the establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition;
(5) limitations on the purposes to which the proceeds from the sale of the bonds may be applied, and limitations on pledging the proceeds to secure the payment of the bonds;
(6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given;
(8) limitations on the amount of money to be expended by the bank for its operating expenses;
(9) vesting in a trustee property, rights, powers, and duties as the bank may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee;
(10) defining the acts or omissions which constitute a default, the obligations or duties of the bank to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver, and all other rights generally available to creditors;
(11) requiring the bank or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of and interest on loan obligations owned by the bank or held by a trustee, which may be authorized by the laws of this State; and
(12) any other matter relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.
Section 11-43-360. Any pledge made by the bank is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the bank is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the bank, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing the bonds, or any other instrument including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the bank to secure any bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
Section 11-43-370. The bank, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the bank with any available funds, at any reasonable price. If the bonds are then redeemable, the price must not exceed the redemption price then applicable plus accrued interest to the next interest payment date.
Section 11-43-380. Bonds of the bank must be in a form and must be executed in a manner prescribed by the bank.
Section 11-43-390. If any of the members or officers of the bank cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
Section 11-43-400. Subsequent amendments to this article may not limit the rights vested in the bank with respect to any agreements made with, or remedies available to, the holders of bonds issued under this article before the enactment of the amendments until the bonds, with all premiums and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.
Section 11-43-410. Any bonds issued by the bank, the transfer of bonds, and the income from them, are free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 11-43-420. The bonds issued by the bank are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the State, may invest funds in their control or belonging to them. The bonds of the bank are also securities which may be deposited with and received by all public officers and bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be required by law.
Section 11-43-510. As used in this article:
(1) 'Board' means the Board of Directors of the South Carolina Transportation Infrastructure Bank.
(2) 'State board' means the State Budget and Control Board.
(3) 'Transportation infrastructure bonds' means all general obligation bonds of this State designated as transportation infrastructure bonds, which are now outstanding and which may hereafter be issued pursuant to the authorizations of this article.
Section 11-43-520. Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any transportation infrastructure bonds then outstanding, the board may make a request to the state board for the issuance of transportation infrastructure bonds pursuant to this article. This request may be in the form of a resolution adopted at any regular or special meeting of the board. The request shall set forth on the face thereof or by schedules attached thereto:
(1) the amount then required for qualified projects;
(2) a tentative time schedule setting forth the period of time during which the sum requested will be expended; and
(3) a debt service table showing the annual principal and interest requirements for all the transportation infrastructure bonds then outstanding.
Section 11-43-530. Following the receipt of any request pursuant to Section 11-43-520, the state board shall review the same and it shall approve such request, by resolution duly adopted, to effect the issuance of transportation infrastructure bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
Section 11-43-540. The issuance of transportation infrastructure bonds is subject to the limitations contained in Article X, Section 13(6)(c) of the Constitution of this State. Within such limitations, transportation infrastructure bonds may be issued for qualified projects or to refund transportation infrastructure bonds from time to time under the conditions prescribed by this article. The review and approval of the Joint Bond Review Committee must be obtained prior to the issuance of any transportation infrastructure bonds. No transportation infrastructure bonds may be issued unless the board has a source of revenues to reimburse the general fund for the principal and interest on the bonds.
Section 11-43-550. For the payment of the principal of and interest on all transportation infrastructure bonds, whether or not outstanding or hereafter issued, as they come due, there is pledged the full faith, credit, and taxing power of this State. In addition to the full faith, credit, and taxing power, there also may be pledged such revenue as may be available to the board and the State Treasurer is authorized to use such revenue when pledged, without further action of the board, for the payment of the principal and interest on transportation infrastructure bonds as the same respectively mature.
Section 11-43-560. The board is authorized to request the state board to issue transportation infrastructure bonds. In order to effect the issuance of bonds pursuant to this article, the state board may adopt a resolution providing for the issuance of transportation infrastructure bonds, upon written request by the board, and may transmit a certified copy thereof to the Governor and to the State Treasurer, with the request that they issue and deliver transportation infrastructure bonds in accordance with the terms and conditions of such resolution. This resolution must set forth:
(1) the amount, denomination, and numbering of transportation infrastructure bonds to be issued;
(2) the date as of which the same shall be issued;
(3) the maturity schedule for the retirement of the transportation infrastructure bonds;
(4) the redemption provisions, if any, applicable to the bonds;
(5) the maximum rate or rates of interest the bonds shall bear;
(6) the purposes for which the bonds are to be issued;
(7) the occasion on which bids shall be received for the sale of the bonds;
(8) the form of advertisement of sale;
(9) the form of the bonds of the particular issue; and
(10) such other matters as may be considered necessary in order to effect the sale, issuance, and delivery thereof.
Section 11-43-570. Following receipt of a certified copy of the resolution of the state board the Governor and State Treasurer shall issue transportation infrastructure bonds in accordance with the provisions of the resolution of the state board.
Section 11-43-580. Transportation infrastructure bonds shall be issued in such form, in such denominations, and with such provisions as to time, place, or places and medium of payment as may be determined by the state board, subject to the provisions of this article.
Section 11-43-590. Transportation infrastructure bonds must be issued as fully registered bonds with both principal and interest thereof made payable only to the registered holder. Such fully registered bonds are subject to transfer under such conditions as the state board prescribes.
Section 11-43-600. Transportation infrastructure bonds shall bear interest, payable on such occasions as shall be prescribed not more than thirty years after such date. Such installments or series may be equal or unequal in amount. Transportation infrastructure bonds, in the discretion of the state board, may be made subject to redemption at par and accrued interest, plus such redemption premium as it shall approve and on such occasions as it may prescribe. Transportation infrastructure bonds are not redeemable before maturity unless they contain a statement to that effect.
Section 11-43-610. All transportation infrastructure bonds issued under this article, and the interest thereon, are exempt from all state, county, municipal, school district, and other taxes or assessments, direct or indirect, general or special, imposed by this State, whether imposed for the purpose of general revenue or otherwise, except inheritance, estate, or transfer taxes.
Section 11-43-620. Transportation infrastructure bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of such sale one or more times at least seven days before such sale, in a newspaper of general circulation in the State and also in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The bonds must be awarded to the bidder offering to purchase the transportation infrastructure bonds at the lowest net interest cost to the State at a price of not less than ninety-nine percent of par and accrued interest to the date of delivery, but the right is reserved to reject all bids and to readvertise the bonds for sale and to waive technicalities in the bidding.
Section 11-43-630. The proceeds derived from the sale of transportation infrastructure bonds must be applied only to the purposes set forth in the resolution of the state board pursuant to which the bonds are issued."
SECTION 3. Section 57-3-615 of the 1976 Code, as last amended by Act 52 of 1995, is further amended by adding a new paragraph at the end to read:
"No toll may be imposed on passage of any vehicle on federal interstate highways in this State which were in existence as of January 1, 1997, unless the imposition is otherwise affirmatively approved by the General Assembly in separate legislation enacted solely for that purpose."
SECTION 4. Section 56-3-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-3-910. All fees and penalties collected by the department under the provisions of this chapter shall be placed in the state general fund except for fees and penalties collected pursuant to Sections 56-3-660 and 56-3-670 which must be placed in the state highway account of the South Carolina Transportation Infrastructure Bank.
Beginning in fiscal year 1998-99, one-half of the revenues are remitted to the bank in fiscal year 1998-99, and the entirety of the revenue is remitted to the bank in fiscal year 1999-00 and thereafter."
SECTION 5. This act takes effect upon approval by the Governor except that the provisions of Section 4 are effective July 1, 1998./
Amend title to conform.
/s/Senator John C. Land, III /s/Rep. Alfred B. Robinson, Jr. /s/Senator Luke Rankin /s/Rep. Lewis R. Vaughn /s/Senator Arthur Ravenel /s/Rep. Mark S. Kelley On Part of the Senate. On Part of the House.
Rep. KELLEY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4339 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF FORMER SPARTANBURG COUNTY ADMINISTRATOR HUBERT E. JOHNSON AND TO EXTEND DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4340 (Word version) -- Reps. Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WILLIAM H. BAXLEY, JR., OF HARTSVILLE, SOUTH CAROLINA, ON THE SPECIAL OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON SEPTEMBER 7, 1997, AND EXTEND TO THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
Whereas, William H. "Bill" Baxley, Jr., and Merle Lee Davis were married on September 7, 1947, at the First Baptist Church in Hartsville, South Carolina; and
Whereas, their union has been blessed with fifty years of love, happiness, and deep commitment to one another; and
Whereas, when Bill Baxley first saw Merle Davis, he thought her to be the most intelligent, good-hearted, and beautiful woman he had ever witnessed and was greatly taken with her; and
Whereas, Merle Davis, when first introduced to Bill Baxley, thought him to be the smartest, most courteous, and most handsome man she had ever met, and was greatly taken with him; and
Whereas, Merle Davis's love and prayers sustained Bill Baxley during his World War II service in the Pacific theater, and upon his return he asked for her hand in marriage; and
Whereas, Bill Baxley, a chemical engineer by training, worked for forty-three years for Sonoco Products Company, bringing great innovation and prosperity to that company, contributing significantly to the economic advancement of our State, while Merle Davis Baxley, a devoted homemaker, has given great service to our State as a public school teacher for thirty years, helping to improve the lives of others; and
Whereas, of this union was born four sons, Bill, Jr., Luke, Mike, and Tim, and seven grandchildren, all of whom are grateful for the love of family and commitment to one another instilled in them by this loving couple; and
Whereas, the State of South Carolina has previously honored the Baxley family for their outstanding character, exemplary lives, and commitment to family values by honoring them as the 1985 South Carolina Family of the Year; and
Whereas, Bill and Merle Baxley are particularly popular among the members of our General Assembly for Merle's delectable home baked cookies she sends to us each week by her son, our own Rep. J. Michael Baxley; and
Whereas, Bill and Merle Baxley, through the years, continue to exemplify an ideal and enviable partnership as husband and wife together and have always put God and family as top priorities in their lives. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, hereby congratulate Mr. and Mrs. William H. Baxley, Jr., on the special occasion of their fiftieth wedding anniversary on September 7, 1997, and extend to them best wishes for many more years together.
Be it further resolved that a copy of this resolution be forwarded to Mr. and Mrs. William H. Baxley, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
June 14, 1997
Dear Mr. Speaker and Members of the House:
I am returning H. 3400, R. 222, the 1997-98 Appropriations Act, with vetoes.
I congratulate the General Assembly for landmark achievements on behalf of South Carolina families. This budget includes many elements that will be good for grandparents, parents, and children alike. It has income tax cuts for senior citizens, another historic round of property tax cuts, and a continued commitment to tax credits for families with children under age 6.
I am pleased that the General Assembly has agreed to protect property taxpayers by making sure more than 90 percent of money going into the Property Tax Relief Fund comes from recurring dollars.
This budget also protects and enhances opportunity for our most vulnerable citizens -- our children. For example, because of this Act, 50,000 more children will get health care under my Partners for Healthy Children initiative.
But of all the achievements of this Act, I am most proud of the commitment the General Assembly is showing to improve South Carolina's schools. For the first time in our history, teachers will be paid above the Southeastern average. Credit requirements for high school graduation will increase. Parents will have another tool to save for college in the tuition prepayment program. Optional full-day kindergarten will be available to more students. We maintained our commitment to school technology, college scholarships, and funding for school buildings.
While the overall budget is one of which we can all be proud, there is one area of concern. Last year I requested and the General Assembly funded numerous tax deductions for businesses in this State, including a phase-in of the manufacturer's depreciation rate. I fully funded this in my 1997-98 Executive Budget; however, the General Assembly only partially funded the deduction, reducing the tax relief promised to the business community. I have vetoed Section 44 of Part II, thereby fulfilling our original pledge. To fund this commitment, I have vetoed several items in Part IA, Part III, and the Capital Reserve Fund.
Overall, the General Assembly should be congratulated for the accomplishments of this budget. I look forward to working with its members for another historic year in 1998.
Veto 1 Part IA, Section 17B, Budget and Control Board, page 58, line 34, Capitol Complex Rent, $1,986,339
Veto 2 Part IB, Section 17C.15, page 407, Budget and Control Board, Division of Budget and Analyses: OHR - Pre-Approved Pay Plan
I am vetoing this item because it requires approval by the Budget and Control Board and reporting to the General Assembly. At a time when we are encouraging innovation and flexibility in state agency personnel management and operations, these added requirements may act as impediments and discourage new ideas.
Veto 3 Part IB, Section 19.40, page 432, Department of Education: Project Citizen
I am vetoing this item which allocates $9,100 to the Center for Civic Education and request the State Board of Education to examine Project Citizen and other proposed civic education projects for grades six through nine. I want to ensure the curriculum is compatible with a core academic civics curriculum and the appropriate South Carolina Curriculum Frameworks.
Veto 4 Part IB, Section 29.16, page 459, Department of Health and Human Services: Family Planning
I am vetoing this item because it calls for $156,000 in state funds to be spent on family planning services through the South Carolina Department of Health and Human Services. The Department of Health and Human Services informs me that this unnecessarily restricts their flexibility in family planning services. Moreover, the State of South Carolina already spends $25.4 million on family planning services (DHEC spends $17.8 million and DHHS spends $7.6 million). DHHS has assured me that this veto will have no impact on the effectiveness of their service delivery in this area.
Veto 5 Part IB, Section 30.21, page 468-469, Department of Health and Environmental Control: Vital Records Fees,
Line 16 on page 468 that reads: "Records Search (includes one certification, if located) $12.00",
Lines 21-25 on page 468 that read:
"Special Filing Fees (additional to research fee)
(1) Correction of certificate by affidavit $15.00
(2) Amended certificate (adoption, legitimation, court order, paternity acknowledgment) $15.00
(3) Delayed Registration of Birth $15.00"
and
the sentence contained on lines 1-3 on page 469 that reads: "Any fee increase above the state fiscal year 1997 fee structure shall be returned to the Vital Records Central Office (Office of Public Health Statistics and Information Systems, Division of Vital Records)."
I am vetoing these items because they contain and relate to fee increases. It was not my desire to veto the existing fees as contained in the 1996-97 Appropriations Act; however, because these fees are written as Part IB provisos, it is impossible for me to veto only the fee increases. I will work with the leadership of the General Assembly to ensure that the original fees are restored as soon as possible.
Veto 6 Part IB, Section 33.4, page 478, Department of Alcohol and Other Drug Abuse Services: Chemical Dependency Programs, the last four sentences of the proviso contained in lines 16 - 28 which read:
"The department will present a report to the Governor's Office, to the Senate Finance Committee and to the House Ways and Means Committee no later than December 1, 1997. The department is authorized to spend one half of the appropriated funds for this project for the first six months of the current fiscal year. The remaining funds for this project for the second half of the fiscal year may only be spent upon the written approval of the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee after receipt and written approval of the progress report submitted to them on December 1, 1997. The department is required to include in their progress report due December 1, 1997, budgetary information on the matching funds for the programs from all sources including, but not limited to, state, federal, county and other local funds."
I am vetoing these items because restrictions should not be placed on agency funding levels at mid-year. Moreover, the Bridge program is very successful and should be allowed to operate without undue interruption.
Veto 7 Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds
I am vetoing this item because I object to taking $100,000 from the Department of Public Safety. While the program is admirable, it should be funded from a direct appropriation rather than a transfer from Public Safety. The Department of Public Safety is on the front lines every day maintaining the safety of our highways and needs all of its appropriated funding.
Veto 8 Part IB, Section 47.14, page 497, Department of Natural Resources: Field Trial Permits
I am vetoing this item because it unnecessarily raises a fee on field trial permits.
Veto 9 Part IB, Section 49.8, page 498, Department of Parks, Recreation and Tourism: State Park Funding
I am vetoing this item because it is unnecessary. Under my direction, Parks, Recreation and Tourism will continue to consult with members of the General Assembly regarding any possible changes in planning and development of our state park system.
Veto 10 Part IB, Section 49.9, page 499, Department of Parks, Recreation and Tourism: PRT Report Submission
I am vetoing this item because it is unnecessary. Any report prepared by PRT is already available to members of the General Assembly upon request.
Veto 11 Part IB, Section 72.42, pages 538-539, General Provision: State Owned Aircraft - Maintenance Logs, the last two sentences contained in the proviso, contained in lines 24-27 that read: "The Ethics Commission is authorized to make investigations of state agency records relating to these reporting requirements. Officials violating the 48 hour reporting requirement in this paragraph are subject to a non-suspendable $100 fine."
I am vetoing these items because it is not clear what the General Assembly intended the Ethics Commission to do under these provisions. The Commission is charged with investigating complaints and violations under the Ethics Act, not general fraud or mismanagement. Further, it is unclear as to whether the imposed fine is criminal or civil and whether it would be paid to the Ethics Commission, a court, or the General Fund. While I enthusiastically support the goal of stopping fraud and mismanagement, l do not believe these items accomplish their intended goal.
Veto 12 Part IB, Section 72.73, page 547, General Provision: Victim / Witness Personnel
I am vetoing this item because it is unnecessary. While I agree that the coordination of services and information is crucial to the effective assistance of victims, it is obvious from the passage of the Victims' Bill of Rights Constitutional Amendment by the citizens and of the enabling language by the General Assembly that there are numerous additional entities that provide services to victims. These groups should be included in any efforts of this type. This goal can be accomplished without legislation.
Veto 13 Part IB, Section 72.74, pages 547-548, General Provision: Boards of Dentistry & Accountancy Study
I am vetoing this item because any study relating to the transfer of Professional and Occupational Licensing Associations (POLAs) from the Department of Labor, Licensing and Regulation should be part of comprehensive review of the operations and status of all POLAs within the department.
Veto 14 Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device
I am vetoing this item because it takes funds that are appropriated to the Department of Commerce. I support the efforts of the S.C. Institute of Archaeology and Anthropology, University of South Carolina, to acquire such a device; however, I believe it should be purchased with funds other than ones dedicated to bringing more jobs to South Carolinians. I commit to work with the General Assembly to identify funding to purchase equipment for this important project.
Veto 15 Part II, Section 28, pages II-22 through II-23, Elections Made by Retiring Judges
I am vetoing this section because the language is identical to provisions which are contained in S. 70, R. 52 of 1997, which I signed into law on May 21, 1997.
Veto 16 Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services
I am vetoing this section because it establishes state support for a program that has historically been federally funded. While the program may be worthwhile, this kind of substantial change in civil court filing fees and the issue of South Carolina's increasing financial burden of under funded federal programs bears closer scrutiny in the general legislative process.
Veto 17 Part II, Section 44, pages II-34 and II-35, Manufacturer's Depreciation
Last year we passed significant tax reductions for businesses in South Carolina. The manufacturer's depreciation passed last year will help companies retool and expand, creating more jobs for South Carolinians. I fully funded this promised tax reduction with $10.2 million in my proposed FY 1997-98 Executive Budget. The Legislature extended the phase-in another year and only funded $5.3 million in this budget. We cannot retreat on our commitment to businesses and their employees. Therefore, I am vetoing Section 44 because it unnecessarily reduces the amount of tax relief for the depreciation. Along with the veto of Section 44, I am vetoing $4.7 million in appropriations to pay for this action.
Veto 18 Part II, Section 46, page II-35, Motorcycle Rider Safety Education Program
I am vetoing this section because I object to taking $100,000 from the Department of Public Safety. While the program is admirable, it should be funded from a direct appropriation rather than a transfer from Public Safety. The Department of Public Safety is on the front lines every day maintaining the safety of our highways and needs all of its appropriated funding.
Veto 19 Part II, Section 54, pages II-39 through II-50, Items A, I, L, M, N, P, R, and the first sentence of item S that reads: "Subsections A, I, L, M, N, P, and R of the section are effective November 1, 1997." Video Poker
I am vetoing Item I because it opens the door for unlimited video poker payouts. I am vetoing the remaining items because they are identical to language contained in S. 207, R. 119 of 1997, which I signed into law on June 6, 1997.
Veto 20 Part II, Section 64, pages II-58 through II-60, the item which begins on line 10 and ends on line 11 of page II-59 which reads: ", with the advice and consent of the Senate," Drug Awareness Resistance Education Fund
I am vetoing this item because it is unnecessary. Since the Governor is required to choose from professional law enforcement officers and educators in making his appointments to the board of directors for this program, there is no need for this added step.
Veto 21 Part II, Section 70, pages II-65 and II-66, South Carolina State Employees' Association Participation in the State Health Plan
I am vetoing this section because I believe that while such an action may be worthwhile, it should be considered and reviewed through the general legislative process.
Veto 22 Part II, Section 74, pages II-68 through II-74, Section 11-42-70 which begins on line 24 of page II-71 and ends on line 11 of page II-72, Comprehensive Infrastructure Development Act
I am vetoing this item because the advisory council it creates is unwieldy. The membership should be more reflective of economic development professionals. Nothing prohibits the Budget and Control Board from appointing an advisory council and I, as Chairman of the Board, will consult and work with the leadership of the General Assembly to establish an appropriate advisory council.
Veto 23 Part II, Section 76, page II-74, Georgetown Water and Sewer District
I am vetoing this section because I believe it is unconstitutional. Article VIII, Section 34 of the South Carolina Constitution prohibits the enactment of a special law where a general law can be made applicable.
Veto 24 Part II, Section 79, pages II-75 through II-81, Local Sales and Use Taxes for Transportation Facilities
I am vetoing this section because the language is identical to provisions which are contained in S. 233, R. 192 of 1997, which I signed into law on June 13, 1997.
Veto 25 Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000
I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.
Veto 26 Part III, Section 2, page III-5, Item (28) (b), Department of Natural Resources, Heritage Trust, $100,000
I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.
Veto 27 Part III, Section 2, page III-5, Item (32), Indigent Defense, Maintenance of Current Programs, $594,068
I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.
Veto 28 Part III, Section 2, pages III-5 through III-6, Items (37)(a), (b), and (c), State Election Commission, $75,000, $27,000, and $15,000, respectively.
I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.
Veto 29 Part III, Section 2, page III-6, Item (38), Parks, Recreation and Tourism, Palmetto Trails, $75,000
I am vetoing this item to fulfill my commitment to restore the original manufacturer's depreciation tax reduction.
Veto 30 Part III, Section 2, page III-7, Item (52), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils, $125,000
I am vetoing the funds for the Adolescent Pregnancy Prevention Councils because they are largely duplicative of services already provided through the Department of Health and Environmental Control.
Veto 31 Part III, Section 2, pages III-7 through III-9, Item (52.1), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils
I am vetoing the funds for the Adolescent Pregnancy Prevention Councils because they are largely duplicative of services already provided through the Department of Health and Environmental Control.
For the above reasons, I am vetoing the sections and items indicated above.
Sincerely,
David M. Beasley
Veto 1 Part IA, Section 17B, Budget and Control Board, page 58, line 34, Capitol Complex Rent, $1,986,339
Rep. SHEHEEN spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Battle Baxley Boan Breeland Brown, H. Brown, T. Canty Carnell Cave Cobb-Hunter Davenport Gourdine Govan Hines, J. Hines, M. Hodges Howard Inabinett Kirsh Lee Lloyd Mack Maddox McCraw McLeod Miller Moody-Lawrence Neal Neilson Parks Phillips Pinckney Rhoad Robinson Scott Sheheen Smith, F. Smith, J. Spearman Stille Stoddard Stuart Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Brown, J. Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Felder Fleming Gamble Harrell Harris, A Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Martin Mason McKay McMaster Meacham Mullen Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Veto 2 Part IB, Section 17C.15, page 407, Budget and Control Board, Division of Budget and Analyses: OHR - Pre-Approved Pay Plan
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bowers Breeland Brown, T. Canty Carnell Cobb-Hunter Davenport Felder Gourdine Hines, M. Hodges Howard Inabinett Lee Lloyd Mack McLeod Miller Moody-Lawrence Neal Parks Phillips Pinckney Rhoad Scott Sharpe Sheheen Smith, F. Smith, J. Stoddard Vaughn Whipper Wilder
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, G. Brown, H. Brown, J. Campsen Cato Cotty Dantzler Delleney Easterday Fleming Gamble Hamilton Harrell Harris, A Harvin Haskins Hawkins Hines, J. Hinson Jordan Keegan Kennedy Kirsh Knotts Koon Lanford Law Leach Limbaugh Limehouse Martin Mason McCraw McKay McMaster Meacham Mullen Neilson Quinn Rice Riser Rodgers Sandifer Seithel Smith, D. Smith, R. Spearman Stille Stuart Trotter Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 3 Part IB, Section 19.40, page 432, Department of Education: Project Citizen
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Baxley Bowers Breeland Brown, T. Carnell Cave Cobb-Hunter Gourdine Govan Hines, J. Hines, M. Hodges Howard Inabinett Lee Lloyd Mack McLeod McMahand Miller Moody-Lawrence Parks Pinckney Rhoad Scott Sheheen Smith, F. Smith, J. Stoddard Whipper Wilder Wilkes
Those who voted in the negative are:
Altman Askins Bailey Barrett Bauer Beck Boan Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McMaster Meacham Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 4 Part IB, Section 29.16, page 459, Department of Health and Human Services: Family Planning
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, T. Canty Carnell Cave Cobb-Hunter Cromer Davenport Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Knotts Lanford Lee Lloyd Mack Maddox Martin McCraw McLeod Miller Moody-Lawrence Mullen Neal Parks Phillips Pinckney Scott Seithel Smith, F. Smith, J. Spearman Stoddard Stuart Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Brown, H. Brown, J. Campsen Cato Chellis Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris, A Haskins Hinson Jordan Keegan Kelley Kirsh Koon Law Leach Limbaugh Limehouse Loftis Mason McKay McMaster Meacham Neilson Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I inadvertently voted no but fully intended to vote yes on Veto 4.
Rep. JOE McMASTER
Veto 5 Part IB, Section 30.21, page 468-469, Department of Health and Environmental Control: Vital Records Fees,
Line 16 on page 468 that reads: "Records Search (includes one certification, if located) $12.00",
Lines 21-25 on page 468 that read:
"Special Filing Fees (additional to research fee)
(1) Correction of certificate by affidavit $15.00
(2) Amended certificate (adoption, legitimation, court order, paternity acknowledgment) $15.00
(3) Delayed Registration of Birth $15.00"
and
the sentence contained on lines 1-3 on page 469 that reads: "Any fee increase above the state fiscal year 1997 fee structure shall be returned to the Vital Records Central Office (Office of Public Health Statistics and Information Systems, Division of Vital Records)."
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Breeland Brown, G. Canty Carnell Cobb-Hunter Delleney Gourdine Howard Mack Miller Neal Parks Pinckney Smith, F. Stoddard Wilder Wilkes
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Baxley Beck Boan Bowers Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Cooper Cotty Dantzler Davenport Easterday Edge Felder Fleming Gamble Govan Hamilton Harrell Harris, A. Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Jennings Jordan Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Loftis Maddox Martin Mason McCraw McKay McLeod Meacham Moody-Lawrence Mullen Neilson Phillips Rhoad Rice Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 6 Part IB, Section 33.4, page 478, Department of Alcohol and Other Drug Abuse Services: Chemical Dependency Programs, the last four sentences of the proviso contained in lines 16 - 28 which read:
"The department will present a report to the Governor's Office, to the Senate Finance Committee and to the House Ways and Means Committee no later than December 1, 1997. The department is authorized to spend one half of the appropriated funds for this project for the first six months of the current fiscal year. The remaining funds for this project for the second half of the fiscal year may only be spent upon the written approval of the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee after receipt and written approval of the progress report submitted to them on December 1, 1997. The department is required to include in their progress report due December 1, 1997, budgetary information on the matching funds for the programs from all sources including, but not limited to, state, federal, county and other local funds."
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Battle Breeland Brown, G. Canty Cobb-Hunter Harvin Hines, M. Hodges Howard Kennedy Lee Lloyd Mack Maddox McLeod Miller Neal Pinckney Scott Smith, J. Stoddard
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Haskins Hawkins Hines, J. Hinson Jordan Keegan Kelley Kinon Kirsh Knotts Koon Lanford Law Leach Limbaugh Limehouse Loftis Martin Mason McCraw McMaster Meacham Moody-Lawrence Neilson Parks Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 7 Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds
Rep. SEITHEL spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Battle Bauer Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Canty Carnell Cato Cave Chellis Cobb-Hunter Davenport Delleney Gourdine Govan Harris, A Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kinon Knotts Koon Lanford Lee Limbaugh Lloyd Mack Maddox Martin McCraw McKay McLeod Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Robinson Rodgers Scott Seithel Sheheen Smith, D. Smith, F. Smith, J. Spearman Stille Stoddard Stuart Tripp Vaughn Whatley Whipper Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Barfield Barrett Beck Bowers Campsen Cooper Cotty Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Hinson Jordan Keegan Kennedy Kirsh Law Leach Limehouse Loftis Mason McMaster Meacham Rice Riser Sandifer Sharpe Simrill Smith, R. Trotter Walker Webb Wilkins Witherspoon Woodrum Young
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 8 Part IB, Section 47.14, page 497, Department of Natural Resources: Field Trial Permits
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Breeland Carnell Cobb-Hunter Hines, M. Howard Lee Lloyd Mack McMahand Neal
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Brown, H. Brown, T. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Hawkins Hines, J. Hinson Hodges Inabinett Jordan Keegan Kirsh Koon Lanford Law Leach Limbaugh Limehouse Mason McCraw McKay McLeod McMaster Miller Moody-Lawrence Neilson Parks Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkins Woodrum Young Young-Brickell
Veto 9 Part IB, Section 49.8, page 498, Department of Parks, Recreation and Tourism: State Park Funding
Reps. PARKS, BAXLEY, BOWERS and HODGES spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Battle Bauer Baxley Boan Bowers Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cobb-Hunter Cotty Cromer Davenport Delleney Gamble Gourdine Govan Harris, A. Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Koon Lanford Lee Littlejohn Lloyd Mack Maddox Martin McCraw McLeod McMahand Miller Moody-Lawrence Neal Neilson Parks Phillips Rice Robinson Rodgers Scott Seithel Sheheen Smith, D. Smith, F. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Whipper Wilder Wilkes Witherspoon
Those who voted in the negative are:
Altman Barrett Beck Brown, H. Campsen Cato Cave Chellis Dantzler Easterday Felder Fleming Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Law Leach Limbaugh Limehouse Loftis Mason McKay McMaster Meacham Quinn Rhoad Riser Sandifer Sharpe Simrill Smith, R. Walker Whatley Wilkins Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. LAW moved to reconsider the vote whereby Veto 7 was sustained.
Rep. SIMRILL moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beck Cotty Dantzler Easterday Fleming Hamilton Jordan Kelley Kirsh Leach Loftis McMaster Meacham Rice Sandifer Simrill Smith, R. Stille Townsend Woodrum Young
Those who voted in the negative are:
Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Cobb-Hunter Cromer Davenport Delleney Edge Felder Gamble Gourdine Govan Harrell Harris, A. Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Keegan Kinon Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Mack Martin McCraw McKay McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Quinn Riser Robinson Scott Seithel Sharpe Sheheen Smith, F. Smith, J. Spearman Stoddard Stuart Tripp Trotter Vaughn Whatley Whipper Wilder Wilkes Witherspoon Young-Brickell
So, the House refused to table the motion to reconsider. The question then recurred to the motion to reconsider, which was agreed to.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Cobb-Hunter Davenport Delleney Easterday Felder Gamble Gourdine Govan Hamilton Harrell Harris, A. Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Kennedy Kinon Koon Lanford Law Leach Limbaugh Littlejohn Lloyd Mack Maddox McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Parks Phillips Quinn Rhoad Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Cotty Dantzler Fleming Jordan Keegan Kirsh Lee Limehouse Neal Rice Simrill Woodrum
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 10 Part IB, Section 49.9, page 499, Department of Parks, Recreation and Tourism: PRT Report Submission
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Boan Breeland Byrd Canty Cobb-Hunter Cotty Cromer Hodges Howard Lloyd Mack McLeod McMahand Miller Neal Smith, F. Stoddard Tripp
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Martin McCraw McKay McMaster Meacham Moody-Lawrence Phillips Quinn Rhoad Rice Riser Robinson Rodgers Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Breeland Canty Davenport Gourdine Harrison Hines, M. Hodges Howard Lee Lloyd Mack McLeod McMahand Miller Moody-Lawrence Neal Quinn Sheheen Smith, F. Smith, J. Stoddard Whipper Wilder
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Baxley Beck Boan Brown, J. Brown, T. Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Felder Fleming Gamble Govan Hamilton Harrell Harvin Haskins Hinson Jennings Keegan Kennedy Kirsh Knotts Koon Law Leach Limbaugh Limehouse Martin McCraw McKay McMaster Meacham Neilson Parks Phillips Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 12 Part IB, Section 72.73, page 547, General Provision: Victim / Witness Personnel
Rep. COBB-HUNTER spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Battle Baxley Bowers Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Cobb-Hunter Cromer Davenport Gourdine Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kinon Lee Limehouse Lloyd Mack Maddox McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Parks Rodgers Scott Smith, J. Spearman Stoddard Stuart Whipper
Altman Barfield Barrett Bauer Beck Boan Campsen Cato Chellis Cotty Dantzler Delleney Edge Felder Fleming Gamble Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limbaugh Littlejohn Loftis McCraw McMaster Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, R. Stille Townsend Tripp Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 13 Part IB, Section 72.74, pages 547-548, General Provision: Boards of Dentistry & Accountancy Study
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Brown, J. Byrd Canty Chellis Cobb-Hunter Hines, M. Hodges Howard Inabinett Keegan Kinon Lloyd Mack McLeod McMahand Miller Neal Smith, F. Stoddard Whipper Young-Brickell
Those who voted in the negative are:
Altman Askins Barfield Barrett Bauer Baxley Beck Boan Brown, T. Campsen Carnell Cato Dantzler Delleney Easterday Edge Felder Gamble Gourdine Hamilton Harrell Harvin Haskins Hawkins Hinson Jennings Jordan Kirsh Koon Leach Limbaugh Limehouse Littlejohn Loftis McCraw Meacham Moody-Lawrence Phillips Quinn Riser Robinson Rodgers Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stuart Tripp Walker Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 14 Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device
Rep. QUINN spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barrett Battle Bauer Baxley Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Gamble Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Keegan Kelley Lanford Law Leach Limehouse Loftis Mack Maddox Martin Mason McCraw McLeod Miller Mullen Neal Neilson Parks Phillips Quinn Riser Rodgers Sandifer Seithel Sharpe Smith, J. Smith, R. Spearman Stoddard Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Young Young-Brickell
Those who voted in the negative are:
Barfield Beck Boan Brown, T. Felder Fleming Gourdine Jennings Kennedy Kinon Kirsh Koon Lee Limbaugh Lloyd McKay McMahand McMaster Meacham Moody-Lawrence Rhoad Rice Robinson Sheheen Simrill Stuart Wilkes Witherspoon Woodrum
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. CAVE moved to reconsider the vote whereby Veto 9 was sustained.
Rep. HARRELL moved to table the motion to reconsider.
Rep. CAVE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Beck Brown, H. Campsen Cato Chellis Dantzler Easterday Edge Felder Hamilton Harrell Haskins Hinson Jordan Keegan Kelley Leach Limbaugh Limehouse Loftis Mason McKay McMaster Meacham Rhoad Sandifer Sharpe Simrill Smith, R. Townsend Vaughn Webb Wilkins Witherspoon Woodrum Young Young-Brickell
Bailey Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Cotty Davenport Delleney Fleming Gamble Gourdine Govan Harris, A. Harvin Hawkins Hines, J. Hodges Howard Jennings Kennedy Kinon Kirsh Knotts Koon Lanford Lee Littlejohn Lloyd Mack Maddox Martin McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rice Riser Robinson Rodgers Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stoddard Stuart Tripp Walker Whatley Whipper Wilder Wilkes
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 68 to 41.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Bailey Barfield Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Cotty Davenport Delleney Gamble Gourdine Govan Harris, A. Harvin Hawkins Hines, J. Hodges Howard Inabinett Jennings Kennedy Kinon Kirsh Knotts Koon Lanford Lee Littlejohn Lloyd Mack Maddox Martin McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Rice Robinson Rodgers Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stoddard Stuart Townsend Tripp Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Altman Barrett Beck Brown, H. Campsen Cato Chellis Dantzler Easterday Edge Felder Hamilton Harrell Harrison Haskins Hinson Jordan Keegan Kelley Law Leach Limbaugh Limehouse Loftis Mason McKay McMaster Meacham Quinn Riser Sandifer Sharpe Simrill Smith, R. Vaughn Walker Webb Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 15 Part II, Section 28, pages II-22 through II-23, Elections Made by Retiring Judges
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Bailey Baxley Beck Boan Brown, H. Brown, J. Brown, T. Cato Cotty Easterday Edge Felder Gamble Gourdine Haskins Inabinett Jordan Keegan Kennedy Kirsh Leach McCraw Moody-Lawrence Neal Neilson Riser Sandifer Sharpe Sheheen Smith, R. Spearman Stuart Vaughn Walker Webb Wilder Wilkes Wilkins Woodrum Young-Brickell
Veto 16 Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services
Reps. QUINN and ALLISON spoke against the veto.
Reps. ALTMAN and HAWKINS spoke in favor of the veto.
Rep. WHIPPER spoke against the veto.
Rep. WHIPPER continued speaking.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Cave Cobb-Hunter Cromer Davenport Fleming Gamble Gourdine Govan Harris, A. Harrison Harvin Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Knotts Koon Lanford Law Lee Lloyd Mack Maddox Martin Mason McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Scott Seithel Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Vaughn Whatley Whipper Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Boan Campsen Chellis Cotty Dantzler Delleney Easterday Edge Felder Hamilton Harrell Haskins Hawkins Kelley Kirsh Leach Limbaugh Limehouse Littlejohn Loftis McKay McMaster Meacham Rice Robinson Sandifer Sharpe Sheheen Simrill Walker Webb Wilkins Witherspoon Woodrum Young
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Veto 17 Part II, Section 44, pages II-34 and II-35, Manufacturer's Depreciation The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bauer Baxley Brown, G. Carnell Cave Govan Hines, M. Hodges Howard Mack Maddox Martin McLeod McMahand Miller Neal Parks Pinckney Scott Sheheen Whipper Wilkes
Those who voted in the negative are:
Altman Bailey Barfield Barrett Beck Boan Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Felder Fleming Gamble Gourdine Hamilton Harrell Harvin Haskins Hawkins Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McCraw McKay McMaster Mullen Neilson Quinn Rhoad Rice Rodgers Sandifer Seithel Sharpe Simrill Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I inadvertently voted to override. I wish my vote to be reflected that I voted to sustain the veto.
Rep. BECKY ROGERS MARTIN
Veto 18 Part II, Section 46, page II-35, Motorcycle Rider Safety Education Program
Rep. SEITHEL explained the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bauer Breeland Inabinett Koon Maddox McLeod Miller Neal Parks Pinckney Sheheen Smith, J. Stoddard
Those who voted in the negative are:
Allison Bailey Barfield Barrett Beck Boan Bowers Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mack Martin Mason McCraw McKay McMahand McMaster Meacham Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, F. Smith, R. Spearman Stille Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 19 Part II, Section 54, pages II-39 through II-50, Items A, I, L, M, N, P, R, and the first sentence of item S that reads: "Subsections A, I, L, M, N, P, and R of the section are effective November 1, 1997." Video Poker
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bauer Carnell Dantzler Harvin Hinson Howard Inabinett Kelley Knotts Law Lloyd Mack Rhoad Scott Stuart
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Baxley Beck Boan Bowers Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Cotty Cromer Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Haskins Hawkins Hines, J. Hines, M. Hodges Jennings Jordan Keegan Kennedy Kinon Kirsh Koon Lanford Leach Lee Limbaugh Limehouse Loftis Maddox Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Moody-Lawrence Neal Neilson Parks Phillips Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stille Stoddard Townsend Tripp Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
I am voting to sustain the Governor's veto on this matter. The proviso has incorrectly been characterized as one which "opens the door for the unlimited video poker payouts." I am voting to sustain the veto because I think the vetoed provision is unnecessary as it is merely a clarification an restatement of the current law.
Rep. JAMES H. HARRISON
Rep. HODGES moved to reconsider the vote whereby veto 16 was overridden.
Rep. BAXLEY moved to table the motion.
Rep. LIMBAUGH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cave Cobb-Hunter Cromer Davenport Fleming Gamble Gourdine Govan Harris, A. Harrison Harvin Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Knotts Koon Lanford Law Lee Lloyd Maddox Martin Mason McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Scott Seithel Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Vaughn Whatley Whipper Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Campsen Cato Chellis Cotty Dantzler Delleney Easterday Edge Felder Hamilton Harrell Haskins Hawkins Kelley Kirsh Leach Limbaugh Limehouse Littlejohn Loftis McKay McMaster Rice Robinson Sandifer Sharpe Sheheen Simrill Tripp Walker Webb Wilkins Witherspoon Woodrum Young
So, the motion to reconsider was tabled.
Veto 20 Part II, Section 64, pages II-58 through II-60, the item which begins on line 10 and ends on line 11 of page II-59 which reads: ", with the advice and consent of the Senate," Drug Awareness Resistance Education Fund The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Breeland Hines, M. Howard Lloyd Mack McLeod McMahand Miller Moody-Lawrence Parks Pinckney Smith, F.
Those who voted in the negative are:
Bailey Barfield Barrett Beck Boan Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Cotty Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Hines, J. Hinson Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Law Leach Lee Limbaugh Limehouse Littlejohn Loftis Maddox Mason McCraw McKay McMaster Meacham Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stoddard Tripp Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 21 Part II, Section 70, pages II-65 and II-66, South Carolina State Employees' Association Participation in the State Health Plan
Rep. HARRELL explained the veto.
Rep. McLEOD spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Baxley Boan Bowers Breeland Brown, G. Brown, J. Byrd Carnell Cave Cobb-Hunter Cotty Delleney Edge Felder Gourdine Govan Harris, A. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Keegan Kennedy Kinon Lanford Lee Lloyd Mack Mason McCraw McLeod McMahand Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Riser Scott Sharpe Smith, J. Spearman Stoddard Webb Whipper Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Barrett Bauer Beck Brown, H. Brown, T. Campsen Chellis Dantzler Davenport Easterday Fleming Gamble Hamilton Harrell Haskins Hawkins Hinson Jordan Kelley Kirsh Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Maddox Martin McKay McMaster Meacham Miller Rice Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, F. Smith, R. Stille Stuart Townsend Tripp Vaughn Walker Whatley Wilkins Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 22 Part II, Section 74, pages II-68 through II-74, Section 11-42-70 which begins on line 24 of page II-71 and ends on line 11 of page II-72, Comprehensive Infrastructure Development Act
Rep. HARRELL moved to continue the veto, which was agreed to.
Veto 23 Part II, Section 76, page II-74, Georgetown Water and Sewer District
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Those who voted in the negative are:
Brown, T. Jordan McKay McMaster Miller Woodrum
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 24 Part II, Section 79, pages II-75 through II-81, Local Sales and Use Taxes for Transportation Facilities
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Howard Neal Pinckney
Those who voted in the negative are:
Allison Barfield Barrett Battle Bauer Baxley Beck Boan Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Davenport Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harris, A. Harrison Harvin Hinson Hodges Inabinett Jennings Jordan Keegan Kelley Kirsh Koon Leach Limbaugh Limehouse Lloyd Mason McCraw McKay McLeod McMaster Meacham Moody-Lawrence Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, J. Smith, R. Spearman Stoddard Stuart Tripp Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 25 Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000
Reps. HODGES, BAXLEY and QUINN spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Allison Bailey Barfield Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Cobb-Hunter Cotty Cromer Davenport Delleney Edge Fleming Gourdine Govan Harrell Harris, A. Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Keegan Kennedy Kinon Kirsh Koon Lanford Limehouse Littlejohn Lloyd Mack Maddox Martin Mason McCraw McLeod McMahand McMaster Miller Moody-Lawrence Neal Neilson Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Scott Seithel Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Whatley Whipper Wilder Wilkes Young
Those who voted in the negative are:
Barrett Campsen Chellis Dantzler Easterday Hamilton Haskins Hinson Kelley Law Leach Limbaugh Loftis McKay Meacham Mullen Rice Robinson Sandifer Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3400 General Subject Matter: USC Institute of
Public Affairs
Veto # 25.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of USC.
Rep. MARGARET J. GAMBLE
Veto 26 Part III, Section 2, page III-5, Item (28) (b), Department of Natural Resources, Heritage Trust, $100,000
Rep. BAXLEY spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Baxley Bowers Breeland Brown, G. Brown, J. Byrd Carnell Cave Cobb-Hunter Cotty Cromer Gourdine Govan Harris, A. Harvin Hines, J. Hines, M. Hodges Howard Inabinett Keegan Kennedy Kinon Lloyd Mack Maddox Martin McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Rhoad Sandifer Scott Sheheen Simrill Smith, F. Smith, J. Stoddard Tripp Webb Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Barfield Barrett Beck Brown, H. Brown, T. Campsen Cato Chellis Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hinson Jordan Kelley Kirsh Knotts Koon Lanford Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McKay McMaster Meacham Quinn Rice Riser Robinson Rodgers Seithel Sharpe Smith, R. Spearman Stille Stuart Townsend Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Veto 27 Part III, Section 2, page III-5, Item (32), Indigent Defense, Maintenance of Current Programs, $594,068
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Baxley Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Cobb-Hunter Cromer Davenport Delleney Govan Harris, A. Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jordan Keegan Kennedy Kinon Lanford Lloyd Mack Maddox Mason McCraw McLeod McMahand Miller Moody-Lawrence Neal Parks Phillips Pinckney Quinn Rhoad Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stoddard Stuart Tripp Vaughn Webb Whipper Wilder Wilkes Young
Barrett Boan Brown, H. Campsen Cato Chellis Cotty Dantzler Easterday Edge Felder Fleming Gamble Hamilton Harrell Haskins Hinson Kelley Kirsh Knotts Koon Law Leach Limbaugh Limehouse Loftis McKay McMaster Meacham Mullen Rice Robinson Rodgers Sandifer Sharpe Simrill Smith, R. Townsend Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 28 Part III, Section 2, pages III-5 through III-6, Items (37)(a), (b), and (c), State Election Commission, $75,000, $27,000, and $15,000, respectively.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Barrett Battle Bowers Breeland Brown, G. Carnell Cave Gourdine Govan Hines, M. Hodges Howard Inabinett Lee Lloyd Mack Maddox McLeod Miller Moody-Lawrence Neal Parks Pinckney Rhoad Robinson Sandifer Scott Sheheen Smith, F. Smith, J. Webb Wilder Wilkes
Those who voted in the negative are:
Allison Bailey Barfield Bauer Beck Boan Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Edge Felder Fleming Gamble Hamilton Harrell Harris, A. Harvin Haskins Hines, J. Hinson Jordan Keegan Kennedy Kinon Kirsh Knotts Koon Lanford Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McKay McMaster Meacham Mullen Neilson Phillips Rice Riser Rodgers Seithel Sharpe Simrill Smith, R. Spearman Stoddard Stuart Tripp Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 29 Part III, Section 2, page III-6, Item (38), Parks, Recreation and Tourism, Palmetto Trails, $75,000
Rep. BAXLEY spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Bauer Baxley Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Cave Cromer Dantzler Davenport Delleney Gamble Gourdine Govan Harris, A. Harrison Harvin Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Keegan Kennedy Kinon Lanford Lee Lloyd Mack Maddox McCraw McLeod McMahand McMaster Miller Moody-Lawrence Neal Neilson Parks Phillips Pinckney Rhoad Seithel Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Webb Whatley Whipper Wilder Wilkes Young
Those who voted in the negative are:
Barrett Beck Boan Campsen Cato Chellis Cotty Easterday Edge Felder Fleming Hamilton Harrell Haskins Jordan Kelley Kirsh Knotts Koon Law Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay Meacham Mullen Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Smith, R. Spearman Stuart Townsend Walker Wilkins Witherspoon Woodrum Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 30 Part III, Section 2, page III-7, Item (52), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils, $125,000
Rep. CAVE spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Bauer Baxley Boan Bowers Breeland Brown, J. Brown, T. Byrd Carnell Cave Cobb-Hunter Cromer Davenport Gourdine Govan Harrison Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Koon Lanford Lee Lloyd Mack Martin McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Parks Phillips Pinckney Quinn Rhoad Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stoddard Stuart Webb Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Barrett Beck Campsen Cato Chellis Cotty Dantzler Delleney Easterday Edge Felder Gamble Hamilton Harrell Harris, A. Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Knotts Law Leach Limbaugh Limehouse Littlejohn Loftis Mason McKay McMaster Meacham Neilson Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Townsend Tripp Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Rep. TOWNSEND moved to reconsider the vote whereby veto 27 was sustained.
Rep. COTTY moved to table the motion to reconsider, which was not agreed to by a division vote of 42 to 51.
The question then recurred to the motion to reconsider, which was agreed to by a division vote of 57 to 37.
Reps. HODGES and JENNINGS spoke against the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Battle Baxley Beck Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cato Cave Cobb-Hunter Cromer Davenport Delleney Gamble Gourdine Govan Harris, A. Harrison Harvin Hawkins Hines, J. Hines, M. Hodges Howard Inabinett Jennings Jordan Kennedy Kinon Lanford Lee Lloyd Mack Maddox Martin Mason McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stoddard Stuart Tripp Vaughn Webb Whatley Whipper Wilder Wilkes Young
Those who voted in the negative are:
Barrett Bauer Brown, H. Campsen Chellis Cotty Dantzler Easterday Edge Felder Fleming Hamilton Harrell Haskins Hinson Keegan Kelley Kirsh Knotts Koon Leach Limbaugh Limehouse Littlejohn Loftis McKay McMaster Meacham Rice Riser Rodgers Sandifer Sharpe Simrill Smith, R. Townsend Walker Wilkins Witherspoon Woodrum Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
Veto 31 Part III, Section 2, pages III-7 through III-9, Item (52.1), Department of Health and Environmental Control, Adolescent Pregnancy Prevention Councils
Rep. CAVE spoke against the veto.
Rep. McLEOD spoke upon the veto.
Rep. COBB-HUNTER spoke against the veto.
Rep. FELDER spoke upon the veto.
The question was put, shall the item become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Bailey Battle Bauer Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Cobb-Hunter Cromer Gourdine Govan Harvin Hines, J. Hines, M. Hodges Howard Inabinett Jennings Kennedy Kinon Lee Lloyd Mack Maddox McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Parks Phillips Pinckney Rhoad Scott Seithel Sheheen Smith, F. Smith, J. Spearman Stille Stuart Webb Whipper Wilkes
Those who voted in the negative are:
Allison Barfield Barrett Beck Boan Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris, A. Haskins Hawkins Hinson Jordan Keegan Kelley Kirsh Knotts Koon Leach Limbaugh Limehouse Littlejohn Loftis Martin Mason McKay Meacham Neilson Quinn Rice Riser Rodgers Sandifer Sharpe Simrill Smith, R. Stoddard Townsend Tripp Vaughn Walker Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3665:
H. 3665 (Word version) -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS; TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK REVENUE BONDS; TO AUTHORIZE THE ISSUANCE OF TRANSPORTATION INFRASTRUCTURE BANK GENERAL OBLIGATION BONDS; TO AMEND SECTION 57-3-615, AS AMENDED, RELATING TO TOLL PROJECTS SO AS TO DELETE THE REQUIREMENT THAT CERTAIN TOLL PROJECTS BE INITIATED AS PROVIDED IN CHAPTER 37 OF TITLE 4 AND TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO TOLL INTERSTATE HIGHWAYS AND TO USE THE TOLL FOR PROJECTS OTHER THAN THE TOLLED INTERSTATE HIGHWAY; AND TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO DISPOSITION OF CERTAIN FEES AND PENALTIES SO AS TO PROVIDE FOR THE PLACEMENT OF THE FEES AND PENALTIES IN THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R223, H. 3402 by a vote of 41 to 0.
(R223) H. 3402 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1996-97.
Veto 2 Section 1, page 2, item (12) (b), University of South Carolina, Columbia-Law Library, $400,000
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R139, S. 634 by a vote of 0 to 41.
(R139) S. 634 (Word version) -- Senators Thomas and Holland: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895, 20-7-6900, 20-7-6905, AND 20-7-6910, 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, TO ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES, TO MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS AND TO ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM WAGES EARNED BY JUVENILES WORKING IN THE YOUTH INDUSTRIES PROGRAM AND TO PROVIDE FOR THE DISBURSEMENT OF THESE FUNDS; 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.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4341 (Word version) -- Reps. Cotty and Scott: A HOUSE RESOLUTION TO CONGRATULATE THE RIDGE VIEW HIGH SCHOOL CLASS AAA GIRLS' TRACK TEAM FOR FINISHING IN FIRST PLACE IN THE STATE FOR 1996-97 AND SECOND PLACE IN 1995-96, IN ITS FIRST TWO YEARS OF EXISTENCE, AND TO EXTEND BEST WISHES FOR THE CONTINUATION OF ITS NEW WINNING TRADITION.
The Resolution was adopted.
The following was introduced:
H. 4342 (Word version) -- Reps. Cotty and McMaster: A HOUSE RESOLUTION TO RECOGNIZE THE 1997 SPRING VALLEY HIGH SCHOOL GIRLS SOFTBALL TEAM ON ENDING ITS OUTSTANDING SEASON WITH A RANKING OF NUMBER 3 AMONG AAAA TEAMS, AND TO WISH THE TEAM MEMBERS AND COACHES CONTINUED SUCCESS.
The Resolution was adopted.
The following was introduced:
H. 4343 (Word version) -- Reps. Robinson, Rice and Webb: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ALVIN JUDSON HURT OF PICKENS COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. HARRISON moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request. S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barrett Battle Baxley Beck Boan Bowers Breeland Brown, H. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Cobb-Hunter Cotty Cromer Dantzler Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Lee Limbaugh Limehouse Littlejohn Lloyd Mack Maddox Martin Mason McCraw McKay McMaster Miller Moody-Lawrence Mullen Neal Neilson Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, G. Davenport Fleming Kirsh McLeod Meacham Sheheen Simrill
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HARRISON, TOWNSEND and JENNINGS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-1-320 of the 1976 Code is amended to read:
"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.
If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license to an individual who:
(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."
SECTION 2. Section 56-1-650(C) is amended by adding:
"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-1-175. (A) The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:
(1) held a beginner's permit for at least ninety days;
(2) passed a driver's education course as defined in subsection (D);
(3) passed successfully the road tests or other requirements the department may prescribe; and
(4) satisfied the school attendance requirement contained in Section 56-1-176.
(B) A provisional driver's license is valid only in the operation of:
(1) vehicles during daylight hours. The holder of a provisional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;
(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.
(C) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.
(D) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.
(E) For purposes of issuing a provisional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-176. (A) School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:
(1) has a high school diploma or certificate, or a General Education Development Certificate; or
(2) is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."
SECTION 5. The 1976 Code is amended by adding:
"Section 56-23-87. A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."
SECTION 6. Section 56-1-30(4) of the 1976 Code is amended to read:
"(4) Any A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."
SECTION 7. Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:
"(1) who is under sixteen seventeen years of age, except that the department may issue a license to a sixteen-year old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"
SECTION 8. Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, Act 497 of 1995, is further amended to read:
"Section 56-1-50. (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.
(B) The permit is valid only in the operation of:
(1) vehicles during the daylight hours;
(2) motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.
(D) A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No A permit is not valid until it has been so signed by the permittee.
(E) The following persons are not required to obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which conducts a driver's training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.; and
(2) Also exempted from the requirement of the beginner's permit are persons a person fifteen years of age or older enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.
(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.
(G) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."
SECTION 9. Section 56-1-130 of the 1976 Code, as last amended by Act No. 459 of 1996, is further amended to read:
"Section 56-1-130. (A) The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such further physical and mental examination as it deems considers necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.
(B) No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.
(C) A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.
A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."
SECTION 10. Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:
"Section 56-1-180. (A) The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit for ninety days or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.
(B) The special restricted driver's license is valid only under the following conditions in the operation of:
(1) in the operation of all type vehicles during daylight hours., except that between the hours of six o'clock p.m. and six o'clock a.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before eight o'clock p.m. During nighttime hours, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:
(a) employment or the opportunity for employment;
(b) travel between the licensee's home and place of employment or school; or
(c) travel between the licensee's home or place of employment and vocational training;
(2) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.
(D) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the special restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."
SECTION 11. Section 56-1-185 of the 1976 Code is amended to read:
"Section 56-1-185. (A) Any A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.
(B) A person while operating a motor vehicle under a beginner's permit or a provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."
SECTION 12. The State Law Enforcement Division must submit the BAC Datamaster to an independent facility with expertise in breath alcohol testing so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the test to the General Assembly by January 1, 1998.
SECTION 13. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth fourth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. However, if the third conviction occurs within five years from the date of the first offense, then the department shall suspend the driver's license for four years. Any A person whose license is revoked following conviction for a fifth fourth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation Public Safety to operate a motor vehicle except as provided in Section 56-1-385."
SECTION 14. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) the person must not have been convicted in this State or any other state of an alcohol or drug violation during the previous seven-year period;
(2) the person must not have been convicted of or have charges pending in this State or another state for a violation of driving while his license is canceled, suspended, or revoked during the previous seven-year period;
(3) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.
(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.
(D) Before a person may have his driver's license reinstated under this section he must:
(1) pay a two hundred dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article."
SECTION 15. Section 56-1-790 of the 1976 Code, as last amended by Act No. 459 of 1996, is further amended to read :
"Section 56-1-790. The department may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State.
Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."
SECTION 16. Article 9, Chapter 23 of the 1976 Code is amended by adding:
"Section 23-6-445. A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof shall be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 if that person completes the legal course for class I certified officers taught by the Criminal Justice Academy Division of the Department of Public Safety. This provision shall also apply to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three year break in service who subsequently is appointed chief of a municipal department by the governing body thereof."
SECTION 17. The 1976 Code is amended by adding:
"Section 56-1-2115. (A) A person who has been disqualified from driving a commercial vehicle pursuant to the provisions contained in Section 56-1-2110 for one year or more, must complete successfully the requirements contained in Section 56-1-2080 and satisfy all other requirements imposed by state or federal law before the person is eligible to be re-examined pursuant to the provisions contained in subsection (B).
(B) The re-examination consists of the commercial driver license standards contained in 49 CFR of the Federal Motor Carrier Regulations which includes successful completion of the applicable knowledge tests and the complete road test which includes pre-trip inspection, basic control skills and the on-road test."
SECTION 18. Section 56-1-2030(21) of the 1976 Code is amended to read:
"(21) 'Out-of-service order' means a temporary prohibition against driving a commercial motor vehicle declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out- of- service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5 and 393 of the Federal Motor Carrier Regulations."
SECTION 19. Section 56-1-2060 (B) of the 1976 Code is amended to read:
"(B) No employer knowingly may allow, permit, or authorize a driver person to drive a commercial motor vehicle during a period in which:
(1) the driver's person's commercial driver license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state; or
(2) the driver person has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license; or
(3) an employer who knowingly allows, permits or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand five hundred dollars nor more than ten thousand dollars."
SECTION 20. Section 56-1-2070 of the 1976 Code is amended to read:
"Section 56-1-2070. (A) Except as provided in subsection (B) (C) or when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving.
(B) A person operating a commercial motor vehicle as defined in Section 56-1-2030 and 49 CFR 383.5, without the proper class commercial license or permit with all applicable endorsements or restrictions as defined in Section 56-1-2100 must be placed out of service and is guilty of a misdemeanor and upon conviction of a first offense, must be fined not less than one hundred fifty dollars and not more than two hundred dollars or imprisoned for thirty days and upon conviction of a second offense or subsequent offense must be fined not less than two hundred fifty dollars and not more than five hundred dollars or imprisoned forty-five days or both.
(C) The following persons may operate commercial motor vehicles without a commercial driver's license:
(1) active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in Section 56-5-170.
(4) operators of recreational vehicles used solely for personal use.
(C)(D) No person may drive a commercial motor vehicle on the highways of this State while:
(1) his commercial driver license or privilege to drive is suspended, revoked, or canceled,; while
(2) subject to a disqualification,; or
(3) in violation of an out-of-service order.
(D)(E) A person violating these the requirements of subsection (D)(3) must be punished as follows, while all other violations of this section must be punished as though convicted of a violation of Section 56-1-460. A person is disqualified for not less than:
(1) ninety days nor more than one year if the person is convicted of a first violation of an out-of-service order. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;
(2) one year nor more than five years if during a ten-year period the person is convicted of two violations of out-of-service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;
(3) three years nor more than five years if during a ten-year period the person is convicted of three or more violations of out-of-state service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;
(4) one hundred eighty days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101-5127), or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if during a ten-year period the person is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. Additionally, a driver who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars."
SECTION 21. Section 56-1-2080 of the 1976 Code is amended to read:
"Section 56-1-2080. (A)(1) No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 CFR part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
(i) authorization for the department or the Federal Highway Administration or its representatives to conduct random examinations, inspections, and audits without prior notice;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the drivers persons participating in the program.
(B) The department may waive the skills test specified in this section for a commercial driver license applicant:
(1) whose driver's license has not been suspended or revoked within the previous two years;
(2) who has no more than four points against his driving record within the previous two years;
(3) who has not contributed to an accident within the previous two years;
(4) who has been licensed to operate the class of motor vehicle for which he is applying for a minimum of two years or who can provide proof that he was operating those vehicles for two years immediately preceding the date of application.
(C)(B) A commercial driver license or commercial driver instructional permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation.
(D)(C)(1) A commercial driver instruction permit may be issued to an individual who holds a valid Class 'D' license or and who has passed the appropriate vision and written test for the type of commercial driver license sought.
(2) The holder of a commercial driver instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver license with applicable endorsements which is valid for the type of vehicle driven, and who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(3) The commercial driver instruction permit may not be issued for longer than six months. Only one renewal or reissuance may be granted within a two-year period."
SECTION 22. Section 56-1-2100(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:
(1) Classifications: vehicle
(a) Class A: A combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more if provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds;.
(b) Class B: a single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, and or any such vehicle towing a vehicle not in excess of ten thousand pounds gross vehicle weight rating;.
(c) Class C: A single vehicle, or combination of vehicles, weight rating of less than twenty-six thousand one pounds and any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds comprison: persons, including the driver; material which require the vehicle to be placarded under 49 C.F.R., part 172, subpart F, that are not Class A or B vehicles but either designed to transport 16 or more passengers including the driver, or are placarded for hazardous materials under 49 CFR, Part 172, subpart F.
(2) Endorsements: transporting hazardous material; and tank vehicle endorsements.
(a) 'H' authorizes the person to drive a vehicle transporting hazardous materials;
(b) 'T' authorizes double trailers;
(c) 'P' authorizes driving vehicles carrying passengers;
(d) 'N' authorizes driving tank vehicles;
(e) 'X' represents a combination of hazardous materials or tank vehicle endorsements, or both.
(3) Restrictions:
(a) 'K' restricts the driver person to vehicles not equipped with airbrakes.;
(b) 'Z' except tractor trailer;
(c) 'Z-1' may not operate commercial motor vehicles with a gross vehicle weight rating or a gross combination weight rating exceeding 26,000 pounds."
SECTION 23. Section 56-1-2120 of the 1976 Code is amended to read:
"Section 56-1-2120. (A) A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.
(B) A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under Section 56-1-2130 must be placed out-of-service for twenty-four hours.
(C) A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.
(D) A person must not be on duty or operate a commercial motor vehicle while he possesses an alcoholic beverage that is not part of the manifest and transported as part of the shipment."
SECTION 24. Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon approval by the Governor unless otherwise provided. The provision in Section 13 that enhances the suspension period from two years to four years for a third conviction within five years of a first offense of operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall not apply unless the first, second, and third offense convictions occurred after the effective date of this act. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's permit, provisional or restricted driver's license, or regular motor vehicle driver's license, take effect on July 1, 1998. A person who, on July 1, 1998, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on July 1, 1998. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise affect his driving privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on October 1, 1997./
Amend title to conform.
/s/Hugh K. Leatherman, Jr. /s/Ronald P. Townsend /s/C. Tyrone Courtney /s/James H. Harrison /s/C. Bradley Hutto /s/Douglas Jennings, Jr. On Part of the Senate. On Part of the House.
Rep. FLEMING, under House Rule 5.14, raised a Point of Order that the Free Conference Report had not been printed in the journal.
SPEAKER WILKINS sustained the Point Of Order.
Rep. HARRISON moved to waive Rule 5.15, which was agreed to by a division vote of 91 to 6.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. CARNELL moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Battle Baxley Beck Boan Bowers Breeland Brown, H. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Cobb-Hunter Cotty Cromer Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hinson Hodges Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Martin Mason McCraw McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. CARNELL, STUART and WALKER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 56-1-320 of the 1976 Code is amended to read:
"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.
Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.
If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license to an individual who:
(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."
SECTION 2. Section 56-1-650(C) is amended by adding:
"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."
SECTION 3. Article 9, Chapter 23 of the 1976 Code is amended by adding:
"Section 31-17-525. (A) For purposes of this section, 'campground' means land and facilities of camp character organized to provide a temporary outdoor living experience for individuals or groups and having membership affiliation in recognized national and state campground organizations and listed in any guidebook, the publication of which is supported in part by the Department of Parks, Recreation and Tourism.
(B) Vehicles described in Section 31-17-510(a) may be exhibited or displayed with the intent to promote the sale of these vehicles at any campground if the provisions of this section are complied with. A campground must obtain from the Department of Public Safety a permit for vehicles described in Section 31-17-510(a) to be displayed or exhibited at a campground. No vehicle may be sold or offered for sale at a campground as provided for by this section, but information on the vehicle may be provided and a list of dealers offering the vehicle for sale may be provided.
(C) A South Carolina licensed travel trailer dealer may exhibit or display vehicles described in Section 31-17-510(a) at a campground under the terms of this section without obtaining a temporary license pursuant to Section 31-17-520(4); however, nothing contained in this section prohibits a South Carolina licensed travel trailer dealer from obtaining a temporary license pursuant to Section 31-17-520(4) if an event held at a campground requires the temporary license."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Hugh K. Leatherman, Sr. /s/Marion P. Carnell /s/C. Tyrone Courtney /s/Elsie Rast Stuart /s/Bradley C. Hutto /s/Robert E. Walker On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. HASKINS moved that upon the completion of receiving messages from the Senate today, the House stand adjourned to meet in Local Session tomorrow at 10:00 A.M. for the purpose of Ratifying Acts, which was agreed to.
Rep. HASKINS moved that the upon completion of ratification of Acts in Local Session tomorrow, that the House stand adjourned Sine Die, which was agreed to.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 222, H. 3400 by a vote of 34 to 0.
Veto 14 Part IB, Section 72.81, page 548, General Provision: Marine Remote Sensing Device.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.222, H. 3400 by a vote of 32 to 3.
Veto 16 Part II, Section 36, pages II-28 through II-30, Fee for Indigent Legal Services.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 222, H. 3400 by a vote of 34 to 0.
Veto 25 Part III, Section 2, page III-2, Item (12), University of South Carolina, Institute for Public Affairs, $500,000.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 222, H. 3400 by a vote of 28 to 8.
Veto 7 Part IB, Section 34.11, page 480, Department of Public Safety: Transfer of Funds.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Leatherman, Courtney and Hutto of the Committee of Free Conference on the part of the Senate on S. 60:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 60:
S. 60 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 56-5-2990, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN REVOKED FOR A FIFTH OFFENSE; AND TO ADD SECTION 56-1-385, SO AS TO PROVIDE FOR THE PROCEDURES AND REQUIREMENTS FOR REINSTATEMENT OF THE DRIVER'S LICENSE AFTER A FIFTH OFFENSE.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and appointed Senators Leatherman, Hutto and Courtney of the Committee of Free Conference on the part of the Senate on H. 3823:
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 17, 1997
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3823:
H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: A BILL TO AMEND SECTION 56-1-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPORTING OF CERTAIN CONVICTIONS OF A PERSON FROM ANOTHER STATE TO THE LICENSING AUTHORITY OF HIS HOME STATE, SO AS TO PROVIDE THAT CERTAIN OTHER STATES SHALL REPORT CERTAIN CONVICTIONS OF A PERSON FROM SOUTH CAROLINA THAT OCCUR IN THE OTHER STATE TO THE DEPARTMENT OF PUBLIC SAFETY WITHIN FIVE YEARS OF THE CONVICTION.
and the report having been adopted by both Houses, has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with concurrence the following:
H. 4293 (Word version) -- Reps. Young and Woodrum: A CONCURRENT RESOLUTION TO EXTEND THE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF OVALYN KELLEY LATHAN, OF SUMTER COUNTY, WHO DIED MONDAY, JUNE 2, 1997.
H. 4294 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING REVEREND WILLIE LAWSON OF SUMTER COUNTY FOR HIS OUTSTANDING CONTRIBUTIONS AND SERVICE TO HIS COMMUNITY.
H. 4304 (Word version) -- Rep. Whipper: A CONCURRENT RESOLUTION HONORING AND RECOGNIZING THE THIRTY-SEVEN YEAR LEGACY OF DR. WILLIS C. HAM, COMMISSIONER OF THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION AND A SPORTS FIGURE, WHO HAS MADE THE TRANSITION TO A STATE LEADER BASED ON HIS ABILITY TO COMMUNICATE, MOTIVATE, AND LEAD.
H. 4305 (Word version) -- Rep. Bowers: A CONCURRENT RESOLUTION CONGRATULATING THE TOWN OF BRUNSON IN HAMPTON COUNTY ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY.
H. 4306 (Word version) -- Reps. Spearman, Clyburn and Parks: A CONCURRENT RESOLUTION CONGRATULATING MS. GAYLE P. WERTS ON HER RETIREMENT AS TREASURER OF SALUDA COUNTY. H. 4307 (Word version) -- Reps. Koon, Webb, Harvin, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING DR. JAMES A. TIMMERMAN, JR., UPON HIS RETIREMENT AS DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES.
H. 4309 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS VARSITY BASKETBALL TEAM OF WARDLAW ACADEMY OF EDGEFIELD COUNTY ON WINNING THE SCISAA CLASS A STATE CHAMPIONSHIP FOR 1997.
H. 4310 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE SOFTBALL TEAM OF WARDLAW ACADEMY OF EDGEFIELD COUNTY ON WINNING THE SCISAA CLASS A STATE CHAMPIONSHIP FOR 1997.
H. 4311 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE PATRIOTS BASEBALL TEAM OF WARDLAW ACADEMY OF EDGEFIELD COUNTY ON WINNING THE SCISAA CLASS A STATE CHAMPIONSHIP FOR 1997.
H. 4312 (Word version) -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING MS. MARGIE PLUNKETT ON HER RETIREMENT AS TREASURER OF AIKEN COUNTY.
H. 4313 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. WALTER NELSON OF LYNCHBURG AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS. H. 4314 (Word version) -- Reps. Stuart, Bauer, Gamble, Knotts, Koon, Riser and Spearman: A CONCURRENT RESOLUTION CONGRATULATING MS. BETTY BAIRD OF LEXINGTON COUNTY UPON HER RETIREMENT FROM CLEMSON EXTENSION SERVICE.
H. 4326 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING SUPERINTENDENT THOMAS EDWARD CALHOUN "TEC" DOWLING FOR HIS DISTINGUISHED LEADERSHIP RECORD AND ACHIEVEMENTS ON BEHALF OF THE CHILDREN OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY.
H. 4328 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. ANN COUNCIL OF DARLINGTON COUNTY UPON BEING NAMED THE 1996 SOUTH CAROLINA SCHOOL NURSE OF THE YEAR AND TO COMMEND HER FOR HER COMMITMENT TO HEALTH EDUCATION IN SOUTH CAROLINA.
H. 4330 (Word version) -- Rep. R. Smith: A CONCURRENT RESOLUTION TO COMMEND JANE V. (CANDYE) SLAY, PRINCIPAL OF REDCLIFFE ELEMENTARY SCHOOL IN AIKEN AND ONE OF SOUTH CAROLINA'S MOST HONORED SCHOOL ADMINISTRATORS, UPON HER RETIREMENT. H. 4331 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA CHAPTER OF THE NATIONAL ASSOCIATION OF BENCH AND BAR SPOUSES, INCORPORATED, ON ITS FOURTH ANNIVERSARY AND WISHING IT MUCH SUCCESS IN ITS FUTURE ENDEAVORS.
H. 4333 (Word version) -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. DAVID T. SHANNON FOR HIS DISTINGUISHED CAREER AS A UNIVERSITY ADMINISTRATOR, PROFESSOR, AUTHOR, AND MINISTER OF THE GOSPEL UPON HIS RETIREMENT AS PRESIDENT OF ALLEN UNIVERSITY.
H. 4334 (Word version) -- Rep. Seithel: A CONCURRENT RESOLUTION CONGRATULATING EDWIN S. TAYLOR ON HIS RETIREMENT FROM THE CHARLESTON COUNTY PARK AND RECREATION COMMISSION. H. 4335 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION CONGRATULATING CHIEF SUMMARY COURT JUDGE J. OSCAR ZOBEL FOR HIS DISTINGUISHED RECORD OF JUDICIAL SERVICE AND EXPRESSING APPRECIATION FOR HIS TWENTY-SIX AND ONE-HALF YEARS AS A NEWBERRY COUNTY MAGISTRATE.
H. 4336 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILBURN BEASLEY OF TURBEVILLE, A LEGEND IN THE FREE WILL BAPTIST CHURCH, FOR A LIFETIME OF SERVICE AS A MINISTER AND COMMUNITY LEADER IN SOUTH CAROLINA AND THE SOUTHEAST.
H. 4337 (Word version) -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. LEO RICHARDSON, DIRECTOR OF INDIVIDUAL AND PROVIDER RIGHTS FOR THE DEPARTMENT OF SOCIAL SERVICES, FOR HIS MANY YEARS OF SERVICE TO THE STATE AND TO WISH HIM WELL UPON HIS RETIREMENT.
H. 4338 (Word version) -- Rep. Breeland: A CONCURRENT RESOLUTION TO COMMEND THE STRONG FAMILY UPON THE OCCASION OF ITS THIRTY-SEVENTH REUNION TO BE HELD IN CHARLESTON AND TO PROCLAIM THE WEEK OF AUGUST 18 - 24, 1997, AS THE STRONG FAMILY REUNION WEEK IN CHARLESTON. H. 4339 (Word version) -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF FORMER SPARTANBURG COUNTY ADMINISTRATOR HUBERT E. JOHNSON AND TO EXTEND DEEPEST SYMPATHY TO THE FAMILY AND MANY FRIENDS.
H. 4340 (Word version) -- Reps. Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, 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, McKay, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. WILLIAM H. BAXLEY, JR., OF HARTSVILLE, SOUTH CAROLINA, ON THE SPECIAL OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY ON SEPTEMBER 7, 1997, AND EXTEND TO THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.
H. 4343 (Word version) -- Reps. Robinson, Rice and Webb: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. ALVIN JUDSON HURT OF PICKENS COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.
At 9:40 P.M. the House in accordance with the motion of Rep. BAUER adjourned in memory of Lynn Kempson Wingard of Chapin, to meet at 10:00 A.M. tomorrow in Local Session.
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