South Carolina General Assembly
112th Session, 1997-1998
Journal of the Senate

Wednesday, June 18, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator JACKSON.

RATIFICATION OF ACTS

Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 18, 1997, at 10:00 A.M. and the following Acts were ratified:

(R259) S. 60 (Word version) -- Senator Holland: AN ACT TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S DRIVER'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON A CONVICTION IN ANOTHER STATE, SO AS TO REVISE THE DRIVER'S LICENSE, SUSPENSION, REVOCATION, ISSUANCE, AND RENEWAL PROCEDURE; TO AMEND SECTION 56-1-650, AS AMENDED, RELATING TO THE EFFECT OF CERTAIN CONVICTIONS ON THE STATUS OF A PERSON'S DRIVER'S LICENSE IN HIS HOME STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT POST TO AN INDIVIDUAL'S DRIVER'S RECORD A CONVICTION THAT IS NOT RECEIVED BY THE DEPARTMENT WITHIN A ONE-YEAR PERIOD; BY ADDING SECTION 56-1-175 AND SECTION 56-1-176 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE PROVISIONAL DRIVER'S LICENSES; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER'S TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSING REQUIREMENTS, SO AS TO PROVIDE A DEFINITION FOR IMPLEMENTS OF HUSBANDRY; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSES RENEWED AND THE ISSUANCE OF BEGINNER'S AND INSTRUCTION PERMITS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A FULL DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A DRIVER'S LICENSE MAY BE ISSUED TO CERTAIN PERSONS WHO HAVE BEEN ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO DELETE A REFERENCE TO OBTAINING AN INSTRUCTION PERMIT; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION FOR, ISSUANCE OF, AND RENEWAL OF A BEGINNER'S PERMIT, AND CERTAIN EXEMPTIONS TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REVISE THE HOURS A HOLDER OF A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO REVISE THE AGE OF THE PERSON WHO MUST ACCOMPANY THE HOLDER OF A BEGINNER'S PERMIT, REVISE THE GROUP OF PERSONS WHO ARE NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON WHO HAS NEVER HELD A FORM OF LICENSE EVIDENCING PREVIOUS DRIVING EXPERIENCE MUST OBTAIN A BEGINNER'S PERMIT AND HOLD IT FOR NINETY DAYS BEFORE BEING ELIGIBLE FOR FULL LICENSURE, AND TO PROVIDE A DEFINITION OF DAYLIGHT HOURS; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO CERTAIN DRIVER'S LICENSE EXAMINATIONS, SO AS TO PROVIDE THAT A HOLDER OF A PROVISIONAL DRIVER'S LICENSE, OR A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK WITHOUT AN ACCOMPANYING ADULT DURING CERTAIN HOURS, ON CERTAIN HIGHWAYS, AND FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REVISE THE AGE AND DRIVING EXPERIENCE OF A PERSON WHO MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, TO REVISE THE CONDITIONS UPON WHICH A PERSON HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR DAYLIGHT HOURS; TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF THE RESTRICTIONS ON A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE FOR A SIX-MONTH SUSPENSION FOR A PERSON OPERATING A MOTOR VEHICLE WHILE POSSESSING A BEGINNER'S PERMIT, A PROVISIONAL, OR A SPECIAL RESTRICTED DRIVER'S LICENSE WHO HAS SUSTAINED CERTAIN CONVICTIONS; TO PROVIDE FOR THE TESTING OF THE ACCURACY OF THE BAC DATAMASTER AND THE SUBMISSION OF THE TEST RESULTS TO THE GENERAL ASSEMBLY; TO AMEND SECTION 56-5-2990, AS AMENDED, 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 PERMANENT REVOCATION OF A PERSON'S DRIVER'S LICENSE FOR A FOURTH OR SUBSEQUENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, EXCEPT UNDER CERTAIN CIRCUMSTANCES AND TO REVISE THE PENALTY FOR CERTAIN THIRD CONVICTIONS FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE; BY ADDING SECTION 56-1-385 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS FOR THE REINSTATEMENT OF A DRIVER'S LICENSE ONCE IT HAS BEEN PERMANENTLY REVOKED; TO AMEND SECTION 56-1-790, AS AMENDED, RELATING TO CERTAIN REPORTS OF OUT-OF-STATE, FEDERAL, OR COURT-MARTIAL CONVICTIONS AND THE RECORDING OF THESE CONVICTIONS ON A PERSON'S DRIVER'S RECORD, SO AS TO PROVIDE THAT WHEN A RESIDENT OF THIS STATE HAS BEEN CONVICTED OF CERTAIN MOTOR VEHICLE VIOLATIONS IN ANOTHER STATE FOR WHICH THERE IS NO CORRESPONDING OFFENSE IN THIS STATE, THE CONVICTION MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD; BY ADDING SECTION 23-6-445 SO AS TO PROVIDE THAT CERTAIN LAW ENFORCEMENT OFFICERS WHO SERVE AS CHIEF OF A MUNICIPAL DEPARTMENT, A MAGISTRATE, OR A MUNICIPAL COURT JUDGE SHALL BE ISSUED A CERTIFICATE AS A LAW ENFORCEMENT OFFICER IF THE PERSON COMPLETES A CERTAIN COURSE TAUGHT BY THE DEPARTMENT OF PUBLIC SAFETY; 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.

(R260) S. 254 (Word version) -- Banking and Insurance Committee: AN ACT 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 DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT ONE DOLLAR OF THIS YEARLY PREMIUM MUST BE PLACED ON DEPOSIT WITH THE STATE TREASURER IN THE "UNINSURED ENFORCEMENT FUND"; PROVIDE FOR THE INTEREST EARNED THEREON, AND PROVIDE THAT THERE IS NO REQUIREMENT FOR AN INSURER OR AN AGENT TO OFFER UNDERINSURED MOTORIST COVERAGE AT LIMITS LESS THAN THE STATUTORILY REQUIRED BODILY INJURY OR PROPERTY DAMAGE LIMITS; TO AMEND SECTION 38-73-910, AS AMENDED, RELATING TO PROPERTY, CASUALTY, AND INLAND MARINE INSURANCE, RATES, RATE MAKING, AND RATE FILING, AND NOTICE OF A HEARING BEFORE GRANTING A RATE INCREASE, SO AS TO DELETE AUTOMOBILE INSURANCE FROM THE LIST OF THE TYPES OF INSURANCE TO WHICH THIS SECTION APPLIES, AND ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT, WITH CERTAIN STATED EXCEPTIONS, 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 ON A FILE AND USE BASIS, WITH RESPECT TO RATES FOR AUTOMOBILE INSURANCE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-736 SO AS TO PROVIDE THAT ANY SCHEDULE OF RATES, RATE CLASSIFICATIONS, OR RATE PLANS FOR AUTOMOBILE INSURANCE AS DEFINED IN SECTION 38-77-30 FILED WITH THE DEPARTMENT OF INSURANCE MUST PROVIDE FOR AN APPROPRIATE REDUCTION IN PREMIUMS FOR PERSONS WHO ARE FIFTY-FIVE YEARS OF AGE AND OLDER AND WHO QUALIFY UNDER SECTION 38-73-737; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAWS AND DECLARATION OF PURPOSE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE PURPOSE OF CHAPTER 77 OF TITLE 38 IS TO PROVIDE FOR A RESIDUAL MARKET MECHANISM KNOWN AS THE ASSOCIATED AUTOMOBILE INSURERS PLAN FOR EVERY PERSON WHO IS LEGALLY ENTITLED TO AUTOMOBILE INSURANCE BUT HAS NOT BEEN ABLE TO OBTAIN A LIABILITY POLICY TO BE ABLE TO APPLY TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO HAVE SUCH PERSON'S RISK ASSIGNED TO AN INSURANCE CARRIER LICENSED TO WRITE AND WRITING MOTOR VEHICLE LIABILITY INSURANCE IN SOUTH CAROLINA WHO SHALL ISSUE A LIABILITY POLICY MEETING AT LEAST THE MINIMUM REQUIREMENTS FOR ESTABLISHING FINANCIAL RESPONSIBILITY; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND DEFINITIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION FOR CANCELLATION OR "TO CANCEL", "FACILITY PHYSICAL DAMAGE RATE", "INSTITUTIONAL SOURCE", AND "INSURANCE-SUPPORT ORGANIZATION", CHANGE CERTAIN EXISTING DEFINITIONS, AND DELETE CERTAIN DEFINITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY SHALL DEVELOP AND FILE PRIVATE PASSENGER AUTOMOBILE LOSS COMPONENTS AND EXPENSE COMPONENTS WHICH INCLUDE PROVISIONS FOR PROFITS AND CONTINGENCIES WHICH WOULD COMBINE FOR THE FINAL RATE 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, THAT THE FACILITIES' BOARD SHALL CONTRACT WITH INDEPENDENT ACTUARIAL SERVICES TO DEVELOP THE LOSS COMPONENT, THAT DUE CONSIDERATION MUST BE GIVEN TO ACTUAL LOSS EXPERIENCE WITHIN THE FACILITY FOR THE MOST RECENT THREE-YEAR PERIOD FOR WHICH SUCH INFORMATION IS AVAILABLE, AND THAT FACILITY RATE INCREASES ON OR AFTER MARCH 1, 1999, MUST BE CAPPED AT AN OVERALL TEN PERCENT INCREASE EACH YEAR, BUT THAT THIS CAP DOES NOT APPLY ON AN INDIVIDUAL INSURED BASIS; TO AMEND SECTION 38-77-112, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND THE REQUIREMENT THAT AN APPLICANT OR POLICYHOLDER MUST HAVE A DRIVER'S LICENSE AND EXCEPTIONS, SO AS TO DELETE CERTAIN LANGUAGE, PROVIDE, AMONG OTHER THINGS, THAT NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER, AND REQUIRE AN INSURER OR AGENT TO RETAIN FOR THREE YEARS THE DRIVER'S LICENSE NUMBERS FOR ALL PERSONS WHO HAVE SUBMITTED AN APPLICATION FOR INSURANCE BUT WHO WERE REFUSED COVERAGE AND TO FURNISH THIS INFORMATION UPON THE REQUEST OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-120, AS AMENDED, RELATING TO REQUIREMENTS FOR NOTICE OF CANCELLATION OF, OR REFUSAL TO RENEW, A POLICY OF AUTOMOBILE INSURANCE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THIS NOTICE MUST PROVIDE FOR THE NOTIFICATION REQUIRED BY SECTION 38-77-390(b) AND MUST INFORM THE INSURED THAT HE CAN REQUEST IN WRITING WITHIN FIFTEEN DAYS OF THE RECEIPT OF NOTICE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE REVIEW THE ACTION OF THE INSURER; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-121, 38-77-122, 38-77-123, 38-77-124, 38-77-126, 38-77-141, 38-77-142, 38-77-143, 38-77-151, 38-77-154, AND 38-77-155 SO AS, WITH RESPECT TO AUTOMOBILE INSURANCE, TO PROVIDE, AMONG OTHER THINGS, THAT THE INSURER MAY CANCEL AT ANY TIME IN THE FIRST NINETY DAYS DURING WHICH THE POLICY IS IN EFFECT SUBJECT TO SECTION 38-77-122, THAT NO INSURER OR AGENT SHALL REFUSE TO ISSUE A POLICY BECAUSE OF AGE, SEX, LOCATION OF RESIDENCE IN SOUTH CAROLINA, RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, MARITAL STATUS, OR INCOME LEVEL, THAT, NOTWITHSTANDING SECTIONS 38-77-122 AND 38-77-123, AN INSURER MAY REFUSE TO ISSUE OR RENEW A POLICY 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, THAT INSURERS MUST DISCLOSE TO THE INSURED WHETHER THE RATE LEVEL IS HIGHER THAN THE LOWEST RATE LEVEL TIER FOR THAT INSURER OR THE GROUP TO WHICH THE INSURER IS A MEMBER, AND THAT ALL FUNDS COLLECTED BY THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY UNDER CHAPTER 10 OF 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; TO AMEND SECTION 38-77-140, RELATING TO BODILY INJURY AND PROPERTY DAMAGE LIMITS OF COVERAGE FOR AUTOMOBILE INSURANCE, SO AS TO RAISE THE MINIMUM AMOUNT OF COVERAGE FOR INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT FROM FIVE THOUSAND TO TEN THOUSAND DOLLARS; 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 RAISE THE MINIMUM COVERAGE AMOUNT FOR PROPERTY DAMAGE FROM FIVE THOUSAND TO TEN THOUSAND DOLLARS, 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 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT NO POLICY OF INSURANCE WHICH PROVIDES AUTOMOBILE PHYSICAL DAMAGE COVERAGE ONLY MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-350, AS AMENDED, RELATING TO THE FORM TO BE USED WHEN OPTIONAL AUTOMOBILE INSURANCE COVERAGES ARE OFFERED, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE PROVISION THAT A POLICY OF INSURANCE OFFERED OR ISSUED BY A NEW SERVICING CARRIER FOR THE REINSURANCE FACILITY TO REPLACE A POLICY PREVIOUSLY ISSUED BY A FORMER SERVICING CARRIER AND CONTAINING THE SAME COVERAGE LIMITS AS THE FORMER POLICY CONSTITUTES A VALID REPLACEMENT POLICY THAT DOES NOT REQUIRE THE NEW SERVICING CARRIER OR AGENT TO MAKE A NEW OFFER OF COVERAGE OR TO OBTAIN A NEW APPLICATION FROM THE INSURED; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-370 SO AS, WITH RESPECT TO AUTOMOBILE INSURANCE, TO PROVIDE, AMONG OTHER THINGS, 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 REASONABLY ABLE TO BE LOCATED AND RETRIEVED BY THE INSURANCE-SUPPORT ORGANIZATION, THEN THE INSURANCE-SUPPORT ORGANIZATION, WITHIN THIRTY BUSINESS DAYS FROM THE DATE THE REQUEST IS RECEIVED, UNDERTAKE CERTAIN ACTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-390 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IN THE EVENT OF CANCELLATION OR NONRENEWAL, INCLUDING THOSE 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 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 OF OPERATION MUST COMMENCE RECOUPMENT OF FACILITY ASSESSMENTS BY WAY OF A SURCHARGE ON LIABILITY INSURANCE COVERAGE 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 FACILITY BOARD BUT THAT FOR THE PERIOD BEGINNING MARCH 1, 1999, AND ENDING FEBRUARY 28, 2002, THE AMOUNT OF THE PERCENTAGE OF PREMIUM SURCHARGE FOR THE RECOUPMENT OF FACILITY ASSESSMENTS ADOPTED BY THE BOARD CANNOT EXCEED TEN PERCENT OF THE LIABILITY INSURANCE COVERAGE PREMIUM PER INSURED MOTOR VEHICLE OR RISK ANNUALLY FOR ALL INSUREDS OR POLICYHOLDERS, THAT SERVICING CARRIER CONTRACTS FOR BUSINESS WRITTEN BY DESIGNATED PRODUCERS MAY, AT THE CARRIER'S OPTION, BE EXTENDED TO MARCH 1, 2002, UPON THE SAME TERMS AND CONDITIONS AS THEIR CURRENT CONTRACTS, AND THAT THE FACILITY SHALL CONVERT TO THE PERCENTAGE-OF-PREMIUM BASIS OF RECOUPMENT BY MARCH 1, 1999; 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, 1999, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2002, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND SECTION 38-77-595, RELATING TO THE REINSURANCE FACILITY AND THE CONDITIONS FOR DESIGNATION AS A FACILITY PRODUCER FOR AN OTHERWISE INELIGIBLE APPLICANT, 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, 1999, AND THAT A POLICY WITH AN EFFECTIVE DATE AFTER MARCH 1, 2002, SHALL NOT BE ACCEPTED BY THE FACILITY; TO AMEND TITLE 38, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE FOR A JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE; TO PROVIDE THAT THE RESIDUAL AUTOMOBILE INSURANCE MARKET MECHANISM FOR THE STATE OF SOUTH CAROLINA SHALL CONVERT FROM A JOINT UNDERWRITING ASSOCIATION TO AN ASSIGNED RISK PLAN, PROVIDE FOR THE TRANSITION, AND PROVIDE THAT THE JOINT UNDERWRITING ASSOCIATION SHALL NOT ACCEPT ANY INSURANCE BUSINESS AFTER FEBRUARY 28, 2003, AND THAT THE ASSIGNED RISK PLAN MUST ACCEPT BUSINESS BEGINNING ON MARCH 1, 2003, AND CONTINUING THEREAFTER; TO AMEND CHAPTER 77, TITLE 38, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 8 SO AS TO PROVIDE THAT, BEGINNING ON MARCH 1, 2003, AND CONTINUING THEREAFTER, THE DIRECTOR OF THE DEPARTMENT OF INSURANCE MAY PROMULGATE REASONABLE STANDARDS FOR THE ASSIGNMENT OF RISKS TO INSURANCE CARRIERS AND SERVICING CARRIERS, PROVIDE THAT AN ASSIGNED RISK PLAN, KNOWN AS THE ASSOCIATED AUTOMOBILE INSURERS PLAN, MUST BE ESTABLISHED BY MARCH 1, 2003, PROVIDE THAT MORE THAN ONE ASSIGNED RISK PLAN MAY BE ESTABLISHED, AND PROVIDE FOR RELATED MATTERS, INCLUDING AN ASSIGNED RISK POOL; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING SECTION 56-10-225 SO AS TO PROVIDE THAT A PERSON WHOSE APPLICATION FOR REGISTRATION AND LICENSING OF A MOTOR VEHICLE HAS BEEN APPROVED 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, PROVIDE THAT THE VEHICLE OWNER MUST MAINTAIN PROOF OF FINANCIAL RESPONSIBILITY IN THE VEHICLE AT ALL TIMES AND THAT IT MUST BE DISPLAYED UPON DEMAND OF A POLICE OFFICER OR ANY OTHER PERSON DULY AUTHORIZED BY LAW, PROVIDE FOR A MISDEMEANOR OFFENSE AND A PENALTY, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO THE 1976 CODE BY ADDING SECTION 38-77-395 SO AS TO PROVIDE THAT THERE IS NO LIABILITY ON THE PART OF, AND NO CAUSE OF ACTION MAY ARISE AGAINST, THE DIRECTOR OF THE DEPARTMENT OF INSURANCE 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 ANY POLICY OF AUTOMOBILE INSURANCE, FOR ANY STATEMENT MADE BY ANY OF THEM IN COMPLYING WITH APPLICABLE LAWS, OR FOR THE PROVIDING OF ANY OF THIS OR RELATED, INFORMATION, 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; TO AMEND THE 1976 CODE BY ADDING SECTION 39-5-200 SO AS TO PROVIDE THAT 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 HAS BEEN OR WILL BE IMPOSED AND 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 SOUTH CAROLINA, AND PROVIDE THAT AN INSURER OR ITS AGENT DOING BUSINESS IN THIS STATE SHALL NOT REDUCE A 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; TO AMEND SECTION 38-43-200, AS AMENDED, RELATING TO INSURANCE AGENTS AND AGENCIES AND SPLITTING COMMISSIONS WITH UNLICENSED PERSONS, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION MAY 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; TO AMEND SECTION 38-55-50, AS AMENDED, RELATING TO CONDUCT OF INSURANCE BUSINESS AND THE PROHIBITION AGAINST DISCRIMINATION, SO AS TO PROVIDE THAT 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; TO PROVIDE THAT, 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 AND MAKE ANNUAL REPORTS TO THE GENERAL ASSEMBLY, PROVIDE FOR A FINAL REPORT WITH EXCEPTIONS THERETO, PROVIDE FOR THE PROMULGATION OF REGULATIONS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO PROVIDE THAT IF A PROVISION OF THIS ACT OR ITS APPLICATION TO A PERSON OR CIRCUMSTANCE IS HELD UNCONSTITUTIONAL OR OTHERWISE INVALID, THE REMAINDER OF THIS ACT AND THE APPLICATION OF THAT PROVISION TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED, AND PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT THE GENERAL ASSEMBLY WOULD HAVE ENACTED THE REMAINDER OF THIS ACT WITHOUT THE INVALID OR UNCONSTITUTIONAL PROVISION; TO PROVIDE THAT, BEGINNING MARCH 1, 1999, INSURERS MAY NONRENEW A POLICY OF AUTOMOBILE INSURANCE THAT THEY HAVE CURRENTLY CEDED TO THE REINSURANCE FACILITY, PROVIDE THAT THIS DOES NOT APPLY TO BUSINESS WRITTEN THROUGH THE DESIGNATED PRODUCERS, PROVIDE THAT INSURERS MAY NO LONGER CEDE TO THE FACILITY AFTER OCTOBER 1, 1999, PROVIDE THAT INSURERS ARE NOT REQUIRED TO CEDE TO THE FACILITY AFTER MARCH 1, 1999, AND THAT BUSINESS CEDED AFTER MARCH 1, 1999, MUST BE RENEWAL BUSINESS TO THE FACILITY, PROVIDE THAT 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 REFERRED TO IN SECTION 38-77-596; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, EFFECTIVE JANUARY 1, 2006; TO REPEAL, EFFECTIVE MARCH 1, 1999, SECTIONS 38-73-450, RELATING TO THE REQUIREMENT OF FAIRNESS IN AUTOMOBILE INSURANCE RATES ON PREMIUM CHARGES, BURDEN ON INSURER TO PROVE FAIRNESS, AND FACTORS TO BE CONSIDERED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE, 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, 38-73-457, RELATING TO AUTOMOBILE INSURANCE, THE FILING OF INFORMATION ON BASE RATES, AND EFFECTIVE DATE OF SUCH RATES, 38-73-460, RELATING TO AUTOMOBILE INSURANCE AND THE EFFECT OF GAINS AND LOSSES INCURRED BY MEMBERS ON RATES, 38-73-465, RELATING TO AUTOMOBILE INSURANCE, UNFAIRLY DISCRIMINATORY, EXCESSIVE, OR UNREASONABLE PROFITS AND RATES, REVIEW OF RATES, AND RATE EXPERIENCE, 38-73-720, RELATING TO AUTOMOBILE INSURANCE AND THE ESTABLISHMENT OF RISK AND TERRITORIAL CLASSIFICATIONS, 38-73-730, RELATING TO AUTOMOBILE INSURANCE RISK CLASSIFICATION PLANS, DISTINCTIONS IN VIOLATION OF PLANS, AND ESTABLISHMENT OF PLANS, 38-73-731, RELATING TO THE REQUIREMENT THAT WHEN A PERSON IN YOUTHFUL DRIVER CLASSIFICATION REACHES AGE TWENTY-FIVE DURING AN AUTOMOBILE INSURANCE POLICY PERIOD HE MUST BE REMOVED FROM THAT CLASSIFICATION, BE RECLASSIFIED, AND BE REFUNDED ANY EXCESS PREMIUM HE PAID, 38-73-735, RELATING TO AUTOMOBILE INSURANCE AND PLAN FOR CREDITS AND DISCOUNTS, 38-73-750, RELATING TO AUTOMOBILE INSURANCE, PLANS WHICH MUST BE FILED BY INSURERS, THE PROVISION THAT CERTAIN PLANS MAY NOT BE FILED OR APPROVED, AND DISAPPROVAL OF PLANS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, 38-73-760, RELATING TO AUTOMOBILE INSURANCE AND UNIFORM STATISTICAL PLANS, 38-73-770, RELATING TO THE REQUIREMENT THAT EVERY CLASSIFICATION PLAN FOR AUTOMOBILE INSURANCE RATES PROMULGATED BY THE DEPARTMENT OF INSURANCE MUST BE STRUCTURAL SO AS TO PRODUCE RATES OR PREMIUM CHARGES WHICH ARE ADEQUATE, NOT EXCESSIVE, AND NOT UNFAIRLY DISCRIMINATORY, 38-73-775, RELATING TO THE ANNUAL FILING OF THE PHYSICAL DAMAGE LOSS COMPONENT BY THE REINSURANCE FACILITY, 38-77-110, RELATING TO AUTOMOBILE INSURANCE, THE "MANDATE TO WRITE", THE REQUIREMENT UPON INSURERS TO INSURE, AND EXCEPTIONS, 38-77-111, RELATING TO AUTOMOBILE INSURANCE POLICIES WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, 38-77-115, RELATING TO THE SIGNS REQUIRED TO BE POSTED IN AN AUTOMOBILE INSURANCE AGENT'S PLACE OF BUSINESS, 38-77-145, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT PERSONAL INJURY PROVISION THAT PERSONAL INJURY PROTECTION COVERAGE IS NOT MANDATED AND THE DELETION OF REFERENCES TO PERSONAL INJURY PROTECTION COVERAGE, 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE COVERAGES MUST BE IN ONE POLICY, 38-77-360, RELATING TO THE PROHIBITION AGAINST INCREASES IN AUTOMOBILE INSURANCE PREMIUMS FOLLOWING CERTAIN FIRST OFFENSE VIOLATIONS, 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MUST DISPLAY PROMINENTLY THE REINSURANCE FACILITY RECOUPMENT CHARGE BY COVERAGE AND THE TOTAL FACILITY RECOUPMENT CHARGE FOR THAT POLICY OR BINDER, 38-77-610, RELATING TO THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE PROVISION THAT THE REINSURANCE FACILITY RECOUPMENT CHARGES APPROVED OR ESTABLISHED PURSUANT TO SECTION 38-77-610 MUST BE ADDED TO THE APPROVED BASE RATE AND OBJECTIVE STANDARDS RATE IN EFFECT FOR EACH AUTOMOBILE INSURER, AND 38-77-625, RELATING TO THE PROVISION 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 AUTOMOBILE INSURANCE AND UNLAWFUL ACTS; AND TO PROVIDE THAT NONRENEWAL NOTICES MAY BE SENT PRIOR TO MARCH 1, 1999, FOR AUTOMOBILE INSURANCE POLICIES RENEWING ON OR AFTER MARCH 1, 1999.

(R261) S. 343 (Word version) -- Senator Leatherman: AN ACT 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; AND TO AMEND SECTION 12-39-250, RELATING TO DUTY OF COUNTY AUDITOR TO CORRECT VALUATION OF PROPERTY, SO AS TO REQUIRE REASSESSMENT OF REAL PROPERTY DAMAGED BY FIRE, UNDER CERTAIN CIRCUMSTANCES.

(R262) S. 803 (Word version) -- Senators Washington, Matthews, Rose and Williams: AN ACT 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.

(R263) H. 3155 (Word version) -- Rep. Witherspoon: AN ACT 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.

(R264) H. 3665 (Word version) -- Ways and Means Committee: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 43 ENACTING THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT, SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS GOVERNANCE, 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 BOARD OF THE BANK TO FUND THE BANK WITH UP TO THREE 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 PROVIDE THAT NO TOLL MAY BE IMPOSED ON FEDERAL INTERSTATE HIGHWAYS IN EXISTENCE ON JANUARY 1, 1997, UNLESS APPROVED BY THE GENERAL ASSEMBLY IN SEPARATE LEGISLATION; TO AMEND SECTION 56-3-910, AS AMENDED, RELATING TO DISPOSITION OF CERTAIN FEES AND PENALTIES RELATING TO THE REGISTRATION OF TRUCKS, SO AS TO PROVIDE FOR THE PLACEMENT OF FIFTY PERCENT OF THE FEES AND PENALTIES IN THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK IN FISCAL YEAR 1998-99 AND ONE HUNDRED PERCENT THEREAFTER.

(R265) 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: AN ACT 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, QUALIFICATION AS ECONOMIC DEVELOPMENT PROPERTY OF PROPERTY PREVIOUSLY SUBJECT TO PROPERTY TAX, AND REQUIREMENTS FOR AFFILIATE SPONSORS; 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; TO PROVIDE FOR ELECTION OF THE NEW FEE IN LIEU ARRANGEMENT AFTER THE EFFECTIVE DATE; TO AMEND SECTION 4-1-175, RELATING TO USE AND PLEDGING OF FEE IN LIEU REVENUES, SO AS TO ALLOW USE AND PLEDGING WITHOUT ISSUING BONDS OR MEETING CERTAIN REQUIREMENTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 4-12-30, RELATING TO FEE IN LIEU FILINGS, SO AS TO REQUIRE CERTAIN FILINGS OF COPIES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO INDUSTRIAL DEVELOPMENT PROJECT FILINGS, SO AS TO REQUIRE CERTAIN FILINGS; TO REQUIRE IMPOSITION OF A PENALTY AS NEEDED TO COVER THE DEBT OBLIGATION; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO EQUALIZATION AND REASSESSMENT OF AGRICULTURAL PROPERTY, SO AS TO DISALLOW APPLICATION OF PROPERTY TAX ROLLBACK TO EXEMPT PROPERTY; TO AMEND SECTIONS 4-10-20 AND 12-36-2110, RELATING TO THE LOCAL OPTION SALES AND USE TAX, SO AS TO DEFINE "MACHINERY" USED FOR RESEARCH AND DEVELOPMENT FOR PURPOSES OF SALES AND USE TAX AND TO IMPOSE AN EFFECTIVE DATE OF DECEMBER 1, 1992; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDIT, SO AS TO INCREASE THE POPULATION FLOOR TO TWENTY-FIVE THOUSAND FOR RECEIPT OF INCREASED CREDIT DESIGNATION; AND TO REENACT CHAPTER 41, TITLE 2, RELATING TO THE CREATION OF A TAX STUDY COMMISSION, SO AS TO RECREATE A TAX STUDY COMMISSION.

(R266) H. 3823 (Word version) -- Reps. Carnell, Klauber, Stille and Parks: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-522, SO AS TO DEFINE "CAMPGROUND", TO AUTHORIZE TRAVEL TRAILERS TO BE EXHIBITED OR DISPLAYED AT A CAMPGROUND, AFTER A PERMIT IS OBTAINED, WITH THE INTENT TO PROMOTE THE SALE OF THOSE VEHICLES, TO PROHIBIT THE SALE OR OFFER FOR SALE OF THOSE VEHICLES, AND TO AUTHORIZE A LICENSED TRAVEL TRAILER DEALER TO EXHIBIT OR DISPLAY THESE VEHICLES AT A CAMPGROUND WITHOUT OBTAINING A TEMPORARY LICENSE UNLESS AN EVENT HELD AT THE CAMPGROUND REQUIRES THE TEMPORARY LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR A NONRESIDENT'S DRIVING PRIVILEGE UPON A CONVICTION IN ANOTHER STATE, SO AS TO REVISE THE SUSPENSION AND REVOCATION PROCEDURE; AND TO AMEND SECTION 56-1-650, AS AMENDED, RELATING TO THE EFFECT OF CERTAIN CONVICTIONS ON THE STATUS OF A PERSON'S DRIVER'S LICENSE IN HIS HOME STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT POST TO AN INDIVIDUAL'S DRIVER'S RECORD A CONVICTION THAT IS NOT RECEIVED BY THE DEPARTMENT WITHIN A ONE-YEAR PERIOD.

(R267) H. 3919 (Word version) -- Rep. Harrell: AN ACT TO AMEND SECTION 4-10-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF AND EXEMPTIONS FROM THE LOCAL SALES AND USE TAX, SO AS TO EXEMPT FROM THIS TAX ALL ITEMS SUBJECT TO A MAXIMUM STATE SALES AND USE TAX; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO MAXIMUM SALES TAX, SO AS TO DELETE REFERENCES TO INDIVIDUAL ITEMS OF MACHINERY USED FOR RESEARCH AND DEVELOPMENT AND DEFINE "MACHINERY" FOR PURPOSES OF THE MAXIMUM TAX; TO AMEND SECTION 4-12-30, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES, SO AS TO PROVIDE FOR THE CALCULATION OF THE CUMULATIVE PROPERTY TAX MILLAGE RATE WHEN AN AREA OF A MUNICIPALITY IS DE-ANNEXED; TO AMEND SECTION 4-29-10, RELATING TO DEFINITIONS FOR INDUSTRIAL REVENUE BOND PURPOSES, SO AS TO EXTEND THE DEFINITION OF "PROJECT" TO INCLUDE RESIDENTIAL AND MIXED USE DEVELOPMENTS OF TWO THOUSAND FIVE HUNDRED ACRES OR MORE; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE THAT A CORPORATION AND A CONTROLLED PARTNERSHIP UNDER CERTAIN CIRCUMSTANCES ARE TREATED AS A SINGLE ENTITY AND TO AUTHORIZE AN ASSESSMENT RATIO OF NOT LESS THAN FOUR PERCENT IN A FEE IN LIEU OF TAXES CALCULATION FOR A BUSINESS WITH AN INVESTMENT OF AT LEAST SIX HUNDRED MILLION DOLLARS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE FOR AN INCREASED CREDIT DESIGNATION FOR A COUNTY WITH A POPULATION UNDER TWENTY-FIVE THOUSAND; TO AMEND SECTION 12-10-80, AS AMENDED, RELATING TO THE JOB DEVELOPMENT FEE, SO AS TO CONVERT THE JOB DEVELOPMENT FEE INTO A CREDIT AGAINST STATE WITHHOLDING TAXES AND PROVIDE AN EXCEPTION; TO AMEND SECTION 12-14-60, RELATING TO THE INVESTMENT TAX CREDIT FOR PURPOSES OF THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO ALLOW A TEN-YEAR CARRYFORWARD OF UNUSED CREDIT; TO AMEND SECTION 12-20-105, RELATING TO CREDITS AGAINST THE CORPORATE LICENSE TAX, SO AS TO EXTEND THE CREDIT FOR CERTAIN AMOUNTS PAID TO PROVIDE INFRASTRUCTURE FOR AN ELIGIBLE PROJECT AND TO DEFINE "ELIGIBLE PROJECT"; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REDUCE THE INVESTMENT THRESHOLD FOR THE EXEMPTION ALLOWED MATERIAL HANDLING SYSTEMS AND EQUIPMENT IN THE OPERATION OF A DISTRIBUTION OR MANUFACTURING FACILITY; TO AMEND SECTION 31-13-340, AS AMENDED, RELATING TO THE STATE HOUSING, FINANCE, AND DEVELOPMENT AUTHORITY PROGRAM FUND, SO AS TO ALLOW THE AUTHORITY TO USE THE FUND TO ESTABLISH A CREDIT ENHANCEMENT PROGRAM FOR ECONOMIC DEVELOPMENT PROJECTS SELECTED BY THE DEPARTMENT OF COMMERCE; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE FOR THE METHOD OF COMPUTING THE VALUE OF A FEE IN LIEU OF TAXES IN THE INDEX OF TAXPAYING ABILITY; AND TO REPEAL SECTION 12-6-3490, RELATING TO THE INFRASTRUCTURE CORPORATE LICENSE TAX CREDIT.

MOTION ADOPTED

On motion of Senator ANDERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of J. T. Pace of Greenville, S.C.

ADJOURNMENT

At 10:30 A.M., on motion of Senator DRUMMOND, the Senate adjourned Sine Die.

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