Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear some words from Joshua, and lift up your hearts. Joshua, Chapter 23 (v. 10):
"Joshua said:
'The Lord your God, He it is that fighteth
for you, as He hath promised'."
Let us pray.
Eternal Spirit of God, the light of the minds that seek Thee, the life of the spirits that find Thee, and the love of the souls that serve Thee:
Grant to us the renewal of heart that comes from the knowledge that You, too, are engaged in fighting for us the battles of our lives against ignorance... decadence... and death.
As we move through these days the Christians call Lent, remembering the trials and sufferings of Jesus, help us to rejoice in learning that beyond the cross is the crown.
Help us to manage our moods with creative faith and master our temptations with confident strength which is the overflow of hearts filled with the living presence of God Himself.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2272
Promulgated by Department of Labor, Licensing and Regulation - Board of Medical Examiners
Initial Complaint; Formal Complaint; Duty of the Panel; Review by the Board; Duty of Board after Review; Appeal of Decision; Proceedings Private Until Filed; Administrator is Agent for Service of Notices on Non-resident Physicians; Investigations and Injunctions; Docket of Complaints; Confidentiality of Disciplinary Proceedings; Final Orders of the Board; Content of Petition for Reinstatement; Board's Report to be Filed; Procedure Thereupon; Investigation at Instance of Board or Commission Members; Procedure Thereunder
Received by Lt. Governor January 29, 1998
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 3, 1998
Withdrawn and resubmitted March 23, 1998
Senator RAVENEL introduced Dr. Layton McCurdy of Charleston, S.C., Doctor of the Day.
On motion of Senator LAND, with unanimous consent, Senators PEELER, MOORE, BRYAN and MATTHEWS were granted leave to attend a meeting of the Subcommittee to Investigate the Special Capital Gains Tax Provision.
At 12:25 P.M., Senator PATTERSON requested a leave of absence for Saturday, March 28, 1998, beginning at 5:30 P.M.
At 1:00 P.M., Senator COURTNEY requested a leave of absence for Thursday, March 26, 1998.
Columbia, S.C., March 19, 1998
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4637 (Word version) -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1135 (Word version) -- Senator Peeler: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES DIVISION, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES LAW", REVISING PROVISIONS OF LAW REGULATING AND GOVERNING MARINE RESOURCES AND THE MANNER IN WHICH AND CONDITIONS UNDER WHICH MARINE LIFE MAY BE HARVESTED, ESTABLISHING A POINT SYSTEM FOR MARINE RESOURCE LAW VIOLATIONS AND PROVIDING PENALTIES FOR VARIOUS VIOLATIONS, AND PROVIDING FOR COMMISSIONERS FROM SOUTH CAROLINA TO THE ATLANTIC STATES MARINE FISHERIES COMMISSION; TO AMEND SECTION 1-23-130, RELATING TO ADMINISTRATIVE PROCEDURES, SO AS TO PROVIDE HOW LONG EMERGENCY REGULATIONS PROMULGATED BY A NATURAL RESOURCES AGENCY SHALL REMAIN IN EFFECT; TO AMEND SECTION 50-1-30, RELATING TO CLASSIFICATIONS OF WILDLIFE, SO AS TO CLASSIFY MARINE LIFE INCLUDED WITHIN THE TERM "SALTWATER GAME FISH"; TO ADD SECTION 50-1-285 SO AS TO PROHIBIT THE REMOVAL, DISTURBANCE, OR DAMAGE TO SIGNS, BUOYS, DEVICES, OR PROPERTY OF THE DEPARTMENT OF NATURAL RESOURCES IN SPECIFIED AREAS AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES TO CATCH SHAD IN CERTAIN PARTS OF THE SAVANNAH RIVER, SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL TO USE NETS AND SEINES IN CERTAIN PARTS OF THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO EXCLUDE SHAD, HERRING, AND STURGEON FROM THE PROVISIONS OF THIS SECTION; TO ADD SECTION 50-21-175 SO AS TO PROVIDE THAT THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO HEAVE TO, ALLOW BOARDING, AND COOPERATE WITH DEPARTMENT OF NATURAL RESOURCES PERSONNEL, LAW ENFORCEMENT OFFICERS, OR UNITED STATES COAST GUARD PERSONNEL, AND PROVIDE PENALTIES FOR VIOLATION; TO REDESIGNATE SECTION 50-13-990, RELATING TO SURFING NEAR FISHING PIERS AS SECTION 50-21-180; AND TO REPEAL SECTION 44-1-152, CHAPTER 7 OF TITLE 50, CHAPTER 17 OF TITLE 50, SECTIONS 50-13-190, 50-13-700, 50-13-735, 50-13-770, 50-13-800, 50-19-320, AND CHAPTER 20 OF TITLE 50 RELATING TO VARIOUS WILDLIFE AND MARINE RESOURCES LAWS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1136 (Word version) -- Senator Thomas: A BILL TO AMEND ARTICLE 3, CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES, RESTRICTIONS, AND RIGHTS OF TELEPHONE COMPANIES, BY ADDING SECTION 58-9-395 SO AS TO PROVIDE THAT ALL TELEPHONE COMPANIES DOING BUSINESS IN THIS STATE SHALL BE ANSWERABLE IN DAMAGES FOR INJURY RESULTING FROM THEIR ACTS OF NEGLIGENCE, WANTONNESS, WILFULLNESS, OR RECKLESSNESS, AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
S. 1137 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1138 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1139 (Word version) -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 1140 (Word version) -- Senators Land, Hayes and Courtney: A BILL TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS BEFORE THE WORKERS' COMPENSATION COMMISSION SO AS TO PROVIDE THAT THE HEARING MUST BE HELD AT A SITE DESIGNATED BY THE COMMISSION TAKING ANY HARDSHIP INTO CONSIDERATION IN SELECTING THE SITE.
Read the first time and referred to the Committee on Judiciary.
S. 1141 (Word version) -- Senators Land, Hayes and Courtney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-17-25 SO AS TO REQUIRE COUNTIES TO PROVIDE SUFFICIENT PHYSICAL FACILITIES IN WHICH THE WORKERS' COMPENSATION COMMISSION MAY CONDUCT HEARINGS AT NO EXPENSE TO THE COMMISSION.
Read the first time and referred to the Committee on Judiciary.
H. 3033 (Word version) -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Read the first time and referred to the Committee on Medical Affairs.
H. 3758 (Word version) -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Read the first time and referred to the General Committee.
H. 3860 (Word version) -- Rep. Beck: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD.
Read the first time and referred to the Committee on Transportation.
H. 3896 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3897 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3901 (Word version) -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4387 (Word version) -- Reps. J. Brown, T. Brown, Canty, McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Read the first time and referred to the Committee on Medical Affairs.
H. 4505 (Word version) -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
Read the first time and referred to the Committee on Transportation.
H. 4618 (Word version) -- Reps. Sharpe and McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH THE VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 4640 (Word version) -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4690 (Word version) -- Reps. Sharpe, Davenport and McLeod: A BILL TO AMEND TITLE 40, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ORGANIZATIONAL FRAMEWORK FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4691 (Word version) -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4693 (Word version) -- Reps. Sharpe, Davenport, Littlejohn, McLeod and Limehouse: A BILL TO AMEND TITLE 48, CHAPTER 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES "ENVIRONMENTAL EMERGENCIES", REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A ONE HUNDRED THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED "ENVIRONMENTAL PROTECTION FUND"; TO RENAME TITLE 48, CHAPTER 2 AS "ENVIRONMENTAL PROTECTION FUNDS".
Read the first time and referred to the Committee on Medical Affairs.
H. 4735 (Word version) -- Reps. Boan and Walker: A BILL TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.
Read the first time and referred to the Committee on Judiciary.
H. 4754 (Word version) -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER PARTS, SO AS TO PROHIBIT THE SALE OF LIVE DEER AND CERTAIN DEER PARTS, INCLUDING CERTAIN VENISON, ANTLERS, AND GAMETES, AND TO REVISE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF VENISON NOT ONLY BY FOOD SERVICE ESTABLISHMENTS, BUT ALSO BY OFFICIAL ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 4798 (Word version) -- Reps. Harrison, Cotty, Sandifer, Klauber, Hawkins, Meacham, Young-Brickell, Barrett, McKay, Kinon, Young and J. Smith: A BILL 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 FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
Read the first time and referred to the General Committee.
H. 4809 (Word version) -- Reps. Harvin and Young: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE CLARENDON COUNTY BOARD OF EDUCATION, OR HIS DESIGNEE, ALSO SHALL SERVE AS AN EX OFFICIO MEMBER OF THIS BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4826 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4827 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 4837 (Word version) -- Reps. Cave and Rhoad: A BILL TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:
S. 992 (Word version) -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance has polled out H. 4354 with no report: H. 4354 (Word version) -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE.
Saleeby McConnell Courtney Thomas Patterson Passailaigue Reese Hayes Russell Jackson Martin Ford
Leatherman Setzler Courson Matthews Rankin Washington
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance has polled out H. 4543 with no report:
H. 4543 (Word version) -- Rep. Gamble: A BILL TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".
Saleeby McConnell Courtney Thomas Patterson Passailaigue Reese Hayes Russell Jackson Martin Ford
Leatherman Setzler Courson Matthews Rankin Washington
Ordered for consideration tomorrow.
S. 289 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
The House returned the Bill with amendments.
On motion of Senator COURTNEY, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3764 (Word version) -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
The House returned the Bill with amendments.
On motion of Senator PASSAILAIGUE, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly. THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3421 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.
Senator COURTNEY explained the Bill.
H. 3974 (Word version) -- Reps. Campsen, Seithel, Woodrum, Altman and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, AND TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 950 (Word version) -- Senator Bryan: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE IMMIGRATION AND NATURALIZATION SERVICE SPECIAL AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICERS.
S. 1069 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE
FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the third reading Calendar:
S. 1070 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
S. 1082 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
Senator PEELER explained the Bill.
S. 1084 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Senator LAND explained the Bill.
S. 842 (Word version) -- Senators Leventis, Hayes, Lander, Wilson, Giese, Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-375 THEREBY ENACTING THE SELECTIVE SERVICE REGISTRATION AWARENESS AND COMPLIANCE ACT SO AS TO PROHIBIT AN INDIVIDUAL FROM ENROLLING IN OR RECEIVING FINANCIAL ASSISTANCE TO ATTEND A STATE-SUPPORTED INSTITUTION OF POSTSECONDARY HIGHER EDUCATION UNLESS THE PERSON HAS COMPLIED WITH THE FEDERAL MILITARY SELECTIVE SERVICE ACT.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator LEVENTIS proposed the following amendment (KGH\15391AC.98), which was adopted:
Amend the bill, as and if amended, Section 59-101-375(D), page 2, line 21, after the /./ by inserting:
/The person having charge of and authority over admissions to state supported institutions of postsecondary higher education and the person having charge of and authority over financial assistance, respectively, shall verify whether applicants seeking admission and applicants for financial assistance are in compliance with the Military Selective Service Act./
Amend the bill further by adding an appropriately numbered SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 1-1-560. No male person who has attained the age of eighteen years who is not in compliance with the Selective Service Act is eligible for employment by or service with the State or a political subdivision of the State, including all boards and commissions, departments, agencies, institutions, and instrumentalities of the State.
Section 1-1-570. All officials having charge of and authority over the hiring of employees by the State or a political subdivision of the State shall verify whether or not an applicant is in compliance with the Military Selective Service Act."/
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator LEVENTIS explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (1110001.GFM), which was adopted:
Amend the bill, page 3, line 23, by adding the following section:
/SECTION 4. Section 38-81-370 of the 1976 Code is amended to read:
"Section 38-81-370. The association is governed by a board of seven directors, one of whom is appointed by the Governor, with the advice and consent of the Senate, to represent the general public and three of whom are members of the South Carolina Bar appointed by the Governor. Three directors are elected by cumulative voting by members of the association, whose votes in the election must be weighed in accordance with each member's net direct premiums written during the preceding calendar year. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups or voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of such a group may serve as a director at any one time. The insurer representatives of the board of directors must be elected at a meeting of the members or their authorized representatives, which must be held at a time and place designated by the board of directors. The board shall elect a chairman and other necessary officers."/
Amend the bill further, as and if amended, by adding the following section to read:
/SECTION 5. Section 38-89-160 of the 1976 Code is amended to read:
"Section 38-89-160. The association is governed by a board of seven directors, one of whom is appointed by the Governor, with the advice and consent of the Senate, to represent the general public and three of whom are day care owners or operators appointed by the Governor. Three directors are elected by cumulative voting by members of the association, whose votes in the election must be weighed in accordance with each member's net direct premiums written during the preceding calendar year. The approved plan of operation of the association may make provision for combining insurers under common ownership or management into groups for voting, assessment, and all other purposes and may provide that not more than one of the officers or employees of the group may serve as a director at any one time. The insurer representatives of the board of directors must be elected at a meeting of the members or their authorized representatives, which must be held at a time and place designated by the board of directors. The board shall elect a chairman and other necessary officers."/
Amend the bill further, as and if amended, page 3, by striking lines 24-25, and inserting the following:
/SECTION 6. Sections 38-3-70, 38-79-10, and 38-81-10 of the 1976 Code are repealed./
Amend the bill further, as and if amended by adding a new section to read:
/SECTION . Section 38-39-90 of the 1976 Code is amended to read:
"Section 38-39-90. (a) When a premium service agreement contains a power of attorney enabling the company to cancel any insurance contract listed in the agreement, the insurance contract may not be canceled by the premium service company unless the cancellation is effectuated in accordance with this section.
(b) The premium service company shall deliver the insured at least ten days' written notice of its intent to cancel the insurance contract unless the default is cured within the ten-day period.
(c) Not less than five days after the expiration of the notice, the premium service company may thereafter request in the name of the insured cancellation of the insurance contract by delivering to the insurer a notice of cancellation. The insurance contract must be canceled as if the notice of cancellation had been submitted by the insured himself, but without requiring the return of the insurance contract. The premium service company shall also deliver a notice of cancellation to the insured at his last address as set forth in its records by the date the notice of cancellation is delivered to the insurer. It is sufficient to give notice either by delivering it to the person or by depositing it in the United States mail, postage prepaid, addressed to the last address of the person. Notice delivered in accordance with the provisions of this statute shall be sufficient proof of delivery."
(d) All statutory, regulatory, and contractual restrictions providing that the insurance contract may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party apply where cancellation is effected under this section. The insurer shall give the prescribed notice in behalf of itself or the insured to any governmental agency, mortgagee, or other third party by the second business day after the day it receives the notice of cancellation from the premium service company and shall determine the effective date of cancellation taking into consideration the number of days' notice required to complete the cancellation.
(e) Whenever an insurance contract is canceled, the insurer shall return whatever gross unearned premiums are due under the insurance contract to the premium service company which financed the premium for the account of the insured.
(f) If the crediting of return premiums to the account of the insured results in a surplus over the amount due from the insured, the premium service company shall hold the surplus in a fiduciary capacity and promptly refund the excess to the insured. No refund is required if it amounts to less than three dollars.
(g) Cancellations of insurance contracts by premium service companies must be effected exclusively by the forms, method, and timing set forth in this chapter./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The amendment was adopted.
Senator McCONNELL explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
H. 3792 (Word version) -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (3792I001.GFM), which was adopted:
Amend the bill, as and if amended by adding a new section to read:
/SECTION . Section 38-73-1210 of the 1976 Code is amended to read:
"Section 38-73-1210. (a) An insurer may satisfy its obligation to make required filings by becoming a member of, or a subscriber to, a licensed rating organization which makes filings and by authorizing the director or his designee to accept the filings on its behalf. However, notwithstanding any other provisions of this article, no member or subscriber may, within twelve months after its membership or subscribership, adopt any rate approved for use for the rating organization, if the rate is more than the rate in use by the member or subscriber prior to its membership or subscribership in the rating organization. Further, notwithstanding the provisions of Sections 38-73-1300, 38-73-1310, and 38-73-1320, no member or subscriber within twelve months after its membership or subscribership, may be granted an upward deviation from its rate in use when becoming a member or subscriber. However, if a rate increase for the rating organization is approved within twelve months after an insurer becomes a member or subscriber, the member or subscriber may increase its rates by the same percentage of increase granted the rating organization. Nothing contained in this chapter may be construed as requiring any insurer to become a member of or a subscriber to any rating organization.
(b) In addition to other activities not prohibited by this chapter, a rating organization may collect, compile, and disseminate to insurers compilations of past and current premiums of insurers."/
Amend sections to conform
Amend title to conform.
Senator McCONNELL explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill, having been read the second time, was ordered placed on the third reading Calendar: H. 3601 (Word version) -- Rep. Boan: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.
H. 3619 (Word version) -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT, SO AS TO MAKE SUCH PROVISIONS APPLICABLE TO LAKE WATEREE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (BBM\9777SD.98), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 50-11-28. It is unlawful to hunt migratory waterfowl on Lake Greenwood within two hundred yards of a dwelling without written permission of the owner and occupant. As used in this section, Lake Greenwood includes the area from the Buzzard's Roost Dam upstream to the Smith Road Bridge pilings on the Saluda River, upstream to the Old Burnt Bridge on the Reedy River, and upstream to the SC Highway 72 bridge on Cane Creek. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, with unanimous consent, H. 3619 was ordered to receive a third reading on Wednesday, March 25, 1998.
H. 4346 (Word version) -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (4346T001.STC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-8100. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate the emblem, a seal, or other symbol the department considers appropriate of an organization which has obtained certification pursuant to Section 501(C)(3) of the federal Internal Revenue Code. The fee for this special license plate is the fee contained in Section 56-3-2020.
The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The department shall receive three hundred or more applications requesting a special license plate authorized under this section before a specialized license plate may be developed for an organization. Only certified members, as set forth on a list provided by the organization to the department, of organizations that have special license plates issued pursuant to this section may be issued a special license plate. Each certified member may only apply for one special license plate for each vehicle registered in his name."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-7910. (A) The department may issue special motor vehicle license plates to owners of private passenger-carrying motor vehicles or light pickups having an empty weight of five thousand pounds or less and a gross weight of eight thousand pounds or less registered in their names which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the H.L. Hunley submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution shall be based on the total number of special license plates sold as follows:
(1) one thousand or less total special license plates sold: fifty-two dollars to the department and forty-eight dollars to the Hunley Commission for each special license plate sold;
(2) more than one thousand and less than two thousand total special license plates sold: forty-two dollars to the department and fifty-eight dollars to the Hunley Commission for each special license plate sold;
(3) two thousand or more total special license plates sold: thirty dollars to the department and seventy dollars to the Hunley Commission for each special license plate sold.
(C) The department shall reserve the first twelve license plates for use by the Hunley Commission."
SECTION 3. Section 56-3-3710(A) of the 1976 Code, is amended to read:
"(A) The department may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol not more than once every five years once the existing inventory of the license plate has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Amend sections to conform.
Senator LAND explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4594 (Word version) -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (4594.AMD), which was adopted:
Amend the bill, as and if amended, in Section 50-13-1187 (B) of the 1976 Code, as contained in SECTION 1, page 1, line 30, after /greater/ by inserting /, provided that the use of bream as bait is not allowed after June 30, 2001/.
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator PEELER, with unanimous consent, H. 4594 was ordered to receive a third reading on Wednesday, March 25, 1998.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (GJK\21337SD.98), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the title and inserting:
/Whereas, the State of South Carolina is acquiring 32,000 acres of mountain property known as Jocassee Gorges from Duke Energy/ Crescent Resources, Incorporated. The General Assembly provided ten million dollars toward the purchase price of this property, the South Carolina Department of Natural Resources provided one million dollars, and ten million dollars was generously donated by the Richard King Mellon Foundation through the work of the Conservation Fund. Duke Energy/Crescent Resources, Incorporated also will generously donate a portion of this property's value to the State to complete the transaction. The State will receive 24,000 acres of the purchase in May and the remainder in 1999; and
Whereas, the state's agreement with Duke Energy/Crescent Resources, Incorporated will preserve a highland area larger than many national parks in an upstate region of our State that has spectacular mountain beauty. The Jocassee Gorges land stretches from the Sumter National Forest in Oconee County to the Table Rock State Park in Pickens County; and
Whereas, this project has within its boundaries the area historically known as "the Horsepasture", an area of enormous historical significance to the State and long renowned as an area where people from throughout the State come to enjoy hunting, fishing, hiking, and general outdoor recreation; and
Whereas, this project also is located within the Franklin L. Gravely Wildlife Management Area, named for Conservation Officer Franklin L. Gravely for his long and distinguished career serving the public and the state's natural resources in the upper part of South Carolina; and
Whereas, it is the intention of the General Assembly that only those lands bought from Duke Energy/Crescent Resources, Incorporated are to be so dedicated and that the name of the Horsepasture and the Franklin L. Gravely Wildlife Management Area shall not be changed in any way; and
Whereas, this preservation agreement will protect the Jocassee Gorges property from development, but the public will continue to have access to this magnificent site which contains at least sixty-four threatened or endangered species; hundreds of mosses unusual to the State; the state's largest population of black bears; Sassafras Mountain, the state's highest peak; and crystal clear waterfalls, rivers, and creeks; and
Whereas, this acquisition fulfills a life-long dream of longtime Department of Natural Resources Director, James A. Timmerman, Jr., who retired last summer. Dr. Timmerman, since the middle 1970's, had envisioned the state's acquiring this land but never dreamed it would occur in his lifetime; and
Whereas, Dr. Timmerman was born in Pelzer, South Carolina, on April 6, 1935; received a B.S. degree in zoology from Clemson University in 1957, a M.S. degree in zoology from Clemson University in 1959, and a Ph.D. degree in zoology from Auburn University in 1963; and
Whereas, Dr. Timmerman served the State of South Carolina with distinction in many varied capacities during his exemplary career of public service. From 1974 until 1994, he served as Executive Director of the South Carolina Wildlife and Marine Resources Department; and after governmental restructuring, the South Carolina Department of Natural Resources Board voted unanimously to name Dr. Timmerman Director of the Department of Natural Resources on July 15, 1994, and he served as agency director until his retirement on June 30, 1997. Upon his retirement, the South Carolina Department of Natural Resources Board named him Director Emeritus, and Dr. Timmerman continues to assist the board and the department in the cause of preserving and protecting our natural resources and helping our youth understand and appreciate the natural world; and
Whereas, the members of the General Assembly believe that it would be a fitting tribute to one of South Carolina's most beloved and respected conservationists if this magnificent acquisition were dedicated as the "Jim Timmerman Natural Resources Area at Jocassee Gorges" in honor of Dr. Timmerman. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, commend and thank the Richard King Mellon Foundation, the Conservation Fund, Duke Energy/Crescent Resources, Incorporated, the State Budget and Control Board, and the Board and Department of Natural Resources for their roles in the state's purchase of the Jocassee Gorges property and request the Board of the Department of Natural Resources to dedicate this area as the "Jim Timmerman Natural Resources Area at Jocassee Gorges" in honor of Dr. James A. Timmerman, Jr., Director Emeritus of the department and one of this state's most respected conservationists.
Be it further resolved that a copy of this resolution be forwarded to the Richard King Mellon Foundation, the Conservation Fund, Duke Energy/Crescent Resources, Incorporated, the State Budget and Control Board, and the Board and Department of Natural Resources, and Dr. James A. Timmerman./
Amend the resolution further, as and if amended, by striking the title and inserting:
/TO COMMEND AND THANK THE RICHARD KING MELLON FOUNDATION, THE CONSERVATION FUND, DUKE ENERGY/CRESCENT RESOURCES, INCORPORATED, THE STATE BUDGET AND CONTROL BOARD, AND THE BOARD AND DEPARTMENT OF NATURAL RESOURCES FOR THEIR ROLES IN THE STATE'S PURCHASE OF THE JOCASSEE GORGES PROPERTY AND TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO DEDICATE THIS AREA AS THE "JIM TIMMERMAN NATURAL RESOURCES AREA AT JOCASSEE GORGES" IN HONOR OF DR. JAMES A. TIMMERMAN, JR., DIRECTOR EMERITUS OF THE DEPARTMENT AND ONE OF THIS STATE'S MOST RESPECTED CONSERVATIONISTS. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the committee amendment.
The amendment was adopted.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House with amendments.
S. 778 (Word version) -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
On motion of Senator SALEEBY, the Bill was carried over.
Senator HUTTO proposed the following amendment (3603R001.CBH), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION at the end to read:
/SECTION ___. Section 20-7-420 of the 1976 Code, as last amended by Act 71, Section 39 of 1997, is further amended by adding a new subitem at the end to read:
"( ) to order sibling visitation where the court finds it is in the best interest of the children."/
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator COURTNEY explained the Bill.
Senator THOMAS asked unanimous consent to carry the Bill over.
There was no objection.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator DRUMMOND spoke on the Bill.
Senator HAYES argued in favor of the Bill.
Senator J. VERNE SMITH argued in favor of the Bill.
Senator MARTIN argued in favor of the Bill.
Senator GIESE argued in favor of the Bill.
Senator BRYAN argued in favor of the Bill.
Senator McCONNELL argued contra to the Bill.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator McCONNELL retaining the floor.
At 2:45 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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