Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from the ancient Priest named Ezra, Chapter 7
(v. 23):

"Whatsoever is commanded by the God of Heaven,

Let it be done diligently...."
Let us pray.

Father, we can't always understand the way that evil tries, and sometimes does, overcome faith and goodness and brotherly love.

St. Paul has it about right when he said, "I often find that I have the will to do good, but not the power."

Grant us this day the knowledge... the will... and the power to do the good we know we ought to do.

Thank You, Lord, for the good news of the healing within the believing community of Jasper, Texas, in the wake of an evil murder.

Somehow, it seems to us, that the Priest Ezra of ancient times was saying about the same things as St. Paul, when he said to his people:

"Whatsoever is commanded by the God of Heaven,

Let it be done diligently...."
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

The following was received and referred to the appropriate committee for consideration:

Document No. 2374
Agency: Department of Health and Environmental Control

The following was received:

Document No. 2229
Agency: Department of Natural Resources
SUBJECT: Non-Indigenous Shrimp
Received by Lieutenant Governor January 13, 1998
Referred to Fish, Game and Forestry Committee
January 27, 1999 Agriculture and Natural Resources Committee Requested Withdrawal
120 Day Period Tolled
March 1, 1999 Permanently Withdrawn

The following was received:

Document No. 2382
Agency: Department of Labor, Licensing and Regulation, Board of Cosmetology
SUBJECT: Examinations, Classifications, Licensure, Fees, Penalties
Received by Lieutenant Governor January 12, 1999
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 17, 1999
February 19, 1999 House Medical, Military, Public and Municipal Affairs Committee Requested Withdrawal
120 Day Period Tolled
February 25, 1999 Withdrawn and Resubmitted

Senator McGILL introduced Dr. Conyer O'Bryan of Florence, S.C., Doctor of the Day.

On motion of Senator ANDERSON, at 12:00 Noon, Senator MATTHEWS was granted a leave of absence until 2:00 P.M.

On motion of Senator PEELER, at 12:05 P.M., Senator LEATHERMAN was granted a leave of absence for the week.

On motion of Senator Thomas, with unanimous consent, the appointment of Ms. Gina Eleane Wood as the Director of the Department of Juvenile Justice, previously referred to the Committee on Judiciary, was recalled.

On motion of Senator THOMAS, with unanimous consent, the appointment of Ms. Gina Eleane Wood as the Director of the Department of Juvenile Justice was referred to the Committee on Corrections and Penology.

The following were introduced:

S. 541 (Word version) -- Senators Courson, Wilson, Peeler, McConnell, Martin, Alexander, Gregory, Waldrep, Hayes, Fair, Grooms, Giese, Courtney, Leatherman, Ravenel, Thomas, Branton, Ryberg, Russell, Mescher, Cork, Ford, O'Dell, Moore, Setzler and Rankin: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROPERTY TAX, SO AS TO EXEMPT FROM PROPERTY TAX FIFTY PERCENT OF THE FAIR MARKET VALUE OF PRIVATE PASSENGER MOTOR VEHICLES, INCLUDING TRUCKS WITH A GROSS WEIGHT OF NOT MORE THAN EIGHT THOUSAND POUNDS AND AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, AND MOTORCYCLES; TO PHASE IN THE EXEMPTION OVER FIVE MOTOR VEHICLE TAX YEARS AT THE RATE OF TEN PERCENT A YEAR; TO PROVIDE FOR PROPERTY TAXING ENTITIES TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION IN AN AMOUNT COMPUTED AT A STATEWIDE AVERAGE MILLAGE RATE, APPLIED ON A PER REGISTERED VEHICLE BASIS, AND CREDITED TO THE TRUST FUND FOR TAX RELIEF AND TO CAP THIS REIMBURSEMENT AT THE AMOUNT SO REIMBURSED IN FISCAL YEAR 2002-03, AND TO PROVIDE THAT THIS EXEMPT VALUE IS NEVERTHELESS CONSIDERED TAXABLE FOR PURPOSES OF BONDED

Senator WILSON spoke on the Bill.

Read the first time and referred to the Committee on Finance.

S. 542 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.

Read the first time and referred to the Committee on Judiciary.

S. 543 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS ESTABLISHED FOR LANCASTER COUNTY, SO AS TO PROVIDE FOR A COUNTYWIDE JURY AREA.

Read the first time and referred to the Committee on Judiciary.

S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Ravenel, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON

Read the first time and referred to the Committee on Judiciary.

S. 545 (Word version) -- Senator McConnell: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.

Read the first time and referred to the Committee on Judiciary.

S. 546 (Word version) -- Senators Land, Courson, Giese, Leventis, Alexander and Ryberg: A BILL TO AMEND SECTION 41-27-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY ADMINISTRATIVE CONTINGENCY ASSESSMENT, SO AS TO PROVIDE THAT THE CONTRIBUTION RATE MEANS THE CONTRIBUTION BASE RATE; TO AMEND SECTION 41-31-10, RELATING TO THE GENERAL RATE OF CONTRIBUTION FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT, FOR CALENDAR YEAR 2000 AND THEREAFTER, EMPLOYERS SUBJECT TO THE PAYMENT OF CONTRIBUTIONS ARE SUBJECT ALSO TO AN ADJUSTMENT OVER AND ABOVE THEIR BASE RATE IF SO REQUIRED BY SECTION 41-31-80; TO AMEND SECTION 41-31-40, RELATING TO RATE COMPUTATION PERIODS AND THE MINIMUM CONTRIBUTION FOR THE FIRST TWENTY-FOUR MONTHS FOR EMPLOYMENT SECURITY PURPOSES, SO AS TO PROVIDE THAT RATE MEANS BASE RATE; TO AMEND

Senator COURSON spoke on the Bill.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 547 (Word version) -- Senator Bryan: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS INCLUDING CLARIFYING THAT THERAPEUTICALLY-CERTIFIED, OPTOMETRIC EDUCATION COURSES MAY BE TAKEN WHILE ATTENDING SCHOOL RATHER THAN AFTER GRADUATION.

Read the first time and referred to the Committee on Medical Affairs.

S. 548 (Word version) -- Senator Land: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 127 SO AS TO ENACT THE "SOUTH CAROLINA HEALTH CARE LIEN ACT", THEREBY ALLOWING A HEALTH CARE PROVIDER TO BE ENTITLED TO A LIEN EQUAL TO THE UNPAID BALANCE DUE THE PROVIDER FOR THE RENDERING OF HEALTH CARE SERVICES.

Read the first time and referred to the Committee on Medical Affairs.

S. 549 (Word version) -- Senator Land: 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 34 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE SPECIAL MOTOR VEHICLE LICENSES TO VETERANS OF FOREIGN WARS; AND TO REPEAL ARTICLE 60, CHAPTER 3 OF TITLE 56, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY'S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO MEMBERS OF THE SHRINERS.

Read the first time and referred to the Committee on Transportation.

S. 550 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND TO DECLARE MARCH 9, 1999, "YORK COUNTY DAY" IN SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered sent to the House.

H. 3358 (Word version) -- Reps. Fleming, Lucas, Taylor, Wilder, Klauber, Harris and Hayes: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS, NOT ONLY BY FEDERAL LOANS, AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.

Read the first time and referred to the Committee on Judiciary.

H. 3551 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO CONTINUING EDUCATION, LICENSURE,

Read the first time and referred to the Committee on Medical Affairs.

H. 3576 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO INACTIVE OR RETIRED STATUS LICENSES; CONTINUING EDUCATION FOR RELICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2353, 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 Medical Affairs.

H. 3577 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE GOVERNOR'S OFFICE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, RELATING TO NOTIFICATION (REPEAL R.24-35), DESIGNATED AS REGULATION DOCUMENT NUMBER 2307, 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 Judiciary.

H. 3578 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE GOVERNOR'S OFFICE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, RELATING TO PROCEDURES FOR CASE REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 2303, 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 Judiciary.

H. 3579 (Word version) -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

Read the first time and referred to the Committee on Education.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE proposed the following amendment (3346R001.ELP), which was adopted:

Amend the bill, as and if amended, page 1, by adding on line 41 the following:

/     Prior to constructing or assuming ownership of a golf course, the commission shall conduct or contract for a feasibility and/or marketing study on the need and cost for operating a golf course facility. The study must be submitted to the county council and council must approve of any plan to operate a golf facility prior to the district purchasing or assuming ownership, operation, or control of the facility.     /

Renumber sections to conform.

Amend title to conform.

The amendment was adopted.

There being no further amendments, the Bill was read the third time and ordered returned to the House with amendments.

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 324 (Word version) -- Senator Russell: A BILL TO AMEND SECTION 33-31-302, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF A NONPROFIT CORPORATION UNDER THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1994, SO AS TO CLARIFY THAT A NONPROFIT CORPORATION MAY SERVE AS A TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST AND TO PROVIDE THAT A NONPROFIT CORPORATE TRUSTEE OF A TRUST IN WHICH IT HAS A BENEFICIAL INTEREST IS NOT CONDUCTING A TRUST BUSINESS WITH REGARD TO THAT TRUST.

S. 476 (Word version) -- Senator Ford: A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-210, SO AS TO PROHIBIT THE REMOVAL OR RENAMING OF CERTAIN MONUMENTS AND MEMORIALS LOCATED ON PUBLIC PROPERTY WITHOUT A TWO-THIRDS VOTE OF EACH BRANCH OF THE GENERAL ASSEMBLY.

S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE ON SECURITY AND BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LIFE INSURANCE MUST BE IN AN AMOUNT NOT EXCEEDING THE APPROXIMATE AMOUNT OF THE "DEBT", RATHER THAN THE "LOAN".

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 Banking and Insurance Committee proposed the following amendment (337R002.EES), which was adopted:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 34-29-160 of the 1976 Code is amended to read:

"Section 34-29-160.   Subject to the conditions provided in this section and notwithstanding any other provisions of this chapter, reasonable insurance may be sold to and required of the borrower for insuring personal property securing a loan and for insuring the life and

Property insurance shall be in an amount not to exceed the reasonable value of the property insured and for the customary term approximating the term of the loan contract. It shall be optional with the borrower to obtain such insurance in an amount greater than the amount of the loan or for a longer term.

Life insurance must be in an amount not to exceed the approximate amount of the loan debt and for a term not exceeding the approximate term of the loan contract. For purposes of credit insurance coverage, the amount of the debt means: for loans with a term of sixty months or less, the periodic installment payment times the number of scheduled periodic installment payments; and for loans in excess of sixty months, the amount necessary to liquidate the remaining debt in a single lump sum payment, excluding all unearned interest and other unearned finance charges, plus six monthly installment payments. Accident and health insurance and unemployment insurance, or both, must provide periodic benefits which may not exceed an amount which approximately equals the amount of each periodic installment payment to be made under the loan contract. However, when a loan is discharged or a new policy or policies of insurance are issued, the life, property, or accident and health insurance or all three on the prior obligation must be canceled and the unearned portion of the insurance premium or premiums, or identifiable charge, must be refunded to the borrower. However, the method of refunding the premiums on the policies must be pursuant to the Rule of 78 or the Sum of the Digits Method, except that no refund under two three dollars must be made;. the The insurance company shall calculate its reserves on the policies in the same manner or, in the case of credit life insurance, in accordance with a mortality table and interest assumption used for ordinary life policies. Notwithstanding this requirement, if the property insurance policy or policies cover the insurable interest of the borrower as well as the lender, the policy or policies may be continued in force at the request of the borrower.

This section does not require a creditor to grant a refund or credit of a life insurance premium to the debtor if any refund or credit due to the debtor under this section is less than two dollars.

If the coverage provides accident and health benefits, the policy or certificate shall contain a provision that, if the insured obligor is disabled, as defined in the policy, for a period of more than three days, benefits shall commence as of the first day of disability, provided that

All insurance sold or provided pursuant to this section shall bear a reasonable and bona fide relation to the existing hazard or risk of loss and shall be written by an agent or agency licensed in this State in an insurance company authorized to conduct such business in this State. A licensee shall not require the purchasing of insurance from the licensee or any employee, affiliate, or associate of the licensee, as a condition precedent to the making of a loan and shall not decline existing insurance where such insurance is provided by an insurance company authorized to conduct such business in this State.

The licensee shall within thirty days after the loan is made, deliver to the borrower, or if more than one, to one of them, a policy or certificate of insurance covering any insurance procured by or through the licensee or any employee, affiliate, or associate of the licensee, which shall set forth the amount of any premium or identifiable charge which the borrower has paid or is obligated to pay, the amount of insurance, the term of insurance, and a complete description of the risks insured. Such policy or certificate may contain a mortgage clause or other appropriate provisions to protect the insurable interest of the licensee.

Notwithstanding any other provision of this chapter, any gain or advantages in the form of commission, dividend, identifiable charge, or otherwise, to the licensee or to any employee, affiliate, or associate of the licensee from such insurance or its sale shall not be deemed to be additional or further interest or charge in connection with such a loan.

Any accident and health or property insurance sold in conjunction with this chapter must be written on forms and at rates approved by the South Carolina Department of Insurance, provided that a minimum charge of two dollars may be made, pursuant to reasonable regulations adopted by it and having as their purpose the establishment and maintenance of premium rates which are reasonably commensurate with the coverage afforded and which are adequate, not excessive, and

Credit Until January 1, 2001, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue, subject to a minimum charge of three dollars:

Decreasing Balance       Level Balance

Individual         $ .65                   $1.30

Joint Insurance     $1.08                   $2.16

Effective January 1, 2001, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue:

Decreasing Balance       Level Balance

Individual       $ .57                 $1.14

Joint Insurance   $.95                   $1.89

Effective January 1, 2003, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue:

Decreasing Balance       Level Balance

Individual       $ .55                   $1.10

Joint Insurance   $.91                     $1.83"

SECTION 2. The 1976 Code is amended by adding:

"Section 34-29-161.   No person may act or attempt in a loan transaction to prevent the filing or receiving of payment on a legitimate insurance claim. In an action in which it is found that a person has violated this section, the court shall award to the borrower the actual damages and consequential damages, if any, and to his attorneys their reasonable fees and costs. In determining attorney's fees and costs, the amount of recovery on behalf of the consumer is not controlling."

SECTION 3. The 1976 Code is amended by adding:

"Section 34-29-162.   If a consumer defers, refinances, or consolidates a loan and the insurance coverage upon the original loan has not lapsed:

(1) incontestability and waiting periods for insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, must be based upon the date on which the insurer originally insured the debtor with respect to the insurance coverage on the indebtedness that is deferred, refinanced, or consolidated; and

(2) the insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, on the indebtedness that is deferred, refinanced, or consolidated may not be subject to evidence of insurability.

The provisions of this section do not apply to insurance for which no identifiable charge is made to the debtor."

SECTION 4. The 1976 Code is amended by adding:

"Section 34-29-163.   A policy may not be declared void and the insurer may not avoid liability based upon a misrepresentation made by the insured, with respect to information provided regarding medical conditions or health history required in furnishing evidence of insurability, that is not causally related to the contingency or event by which the policy claim arises."

SECTION 5. The 1976 Code is amended by adding:

"Section 34-29-164.   The amount charged for non-filing insurance coverage may not exceed seventy-five percent of the official fee as defined in Section 37-1-301(17)."

SECTION 6. The 1976 Code is amended by adding:

"Section 34-29-165.   (1)   Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability

(a)   if any required evidence of insurability is not furnished until more than thirty days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or

(b)   if the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy.

(2)   If evidence of insurability is required and the insured's eligibility is to be determined by inquiries about existing or past medical conditions, the medical conditions inquired about shall be clearly and conspicuously disclosed in plain language on forms promulgated or approved by the Department of Insurance which achieve a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test. The disclosure shall be made in a clear and conspicuous manner in bold type, with space for the insured to personally acknowledge the disclosure by a dated signature or initial immediately adjacent to the disclosure. Insurance coverage shall not be denied on the basis of any medical condition not so disclosed. Coverage shall not be denied if the insured's dated acknowledgment does not appear on the form."

SECTION 7. The 1976 Code is amended by adding:

"Section 34-29-166.   If a creditor provides insurance, the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor at the time of the transaction where the debtor is present at the creditor's place of business.

If the debtor is not present at the creditor's place of business at the time of the transaction, the individual policy or certificate of insurance must be sent to him at his address as stated by him, within thirty days after the term of the insurance commences under the agreement between the creditor and debtor or, the creditor shall promptly notify the debtor of any failure or delay in providing the insurance.

Each policy or certificate of credit life insurance or credit accident and sickness insurance shall set forth the following on the first page of the policy or attached thereto in a manner that is clear and conspicuous and achieves a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test:

(a)   the name, address, and telephone number of the insurer and the process to be followed in submitting a claim;

(b)   the name or names of the debtor, or in the case of a certificate, the identity by name or otherwise of the debtor;

(c)   the age or date of birth of the debtor;

(d)   the premium or amount payable by the debtor separately for credit life insurance and credit accident and sickness insurance;

(e)   a description of the coverage including the amount and term of the coverage, and any exceptions, limitations, or restrictions;

(f)   a statement that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness;

(g)   a statement that, if the amount of insurance exceeds the amount necessary to discharge the indebtedness, any excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to the debtor's estate;

(h)   a conspicuous statement that the insured debtor shall have the right to cancel the insurance policy or group certificate and have all the premiums paid by or charged to the insured debtor refunded or credited, upon giving written notice to the insurer within thirty days from the date the insured debtor received the policy or certificate;

(i)     a conspicuous statement which reads as follows: `For specific information about credit insurance issued in conjunction with your loan, contact your creditor or your insurance company. For general information about credit insurance or complaints regarding your credit insurance, please contact the South Carolina Department of Insurance at 1-800-768-3467.'; and

(j)     the provisions of this section do not apply to insurance for which no identifiable charge is made to the debtor."

SECTION 8. Section 37-1-301(17) of the 1976 Code is amended to read:

"(17) (a)`Official fees' means:

(a) (i)   fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a consumer credit sale, consumer lease, or consumer loan; or

(b) (ii)   premiums payable for insurance in lieu of perfecting a security interest otherwise required by the creditor in connection with the sale, lease, or loan, if the premium does not exceed the fees and charges described in paragraph (a) which would otherwise be payable.

(b)   `Official fees' does not mean:

(i)     effective April 1, 2000, a premium payable for insurance in lieu of perfecting a security interest when the security interest is a purchase money security interest as defined in Section 36-9-107, for which, in accordance with Section 38-9-302(1)(d), perfection by the filing of a financing statement is not required; or

(ii)   a premium payable for insurance in lieu of perfecting a security interest when the collateral is such that it cannot be used as a security for a loan pursuant to the Federal Credit Practices Rule or Section 37-5-108 of the South Carolina Code of Laws, annotated."

SECTION 9. Section 37-4-105 of the 1976 Code is amended to read:

"Section 37-4-105.   (A)   If a creditor agrees with a debtor to provide provides insurance:, (1) the insurance shall be evidenced by an individual policy or certificate of insurance delivered to the debtor at the time of the transaction where the debtor is present at the creditor's place of business.

If the debtor is not present at the creditor's place of business at the time of the transaction, the individual policy or certificate of insurance must be, or sent to him at his address as stated by him, within thirty days after the term of the insurance commences under the agreement between the creditor and debtor; or (2) the creditor shall promptly notify the debtor of any failure or delay in providing the insurance.

(B)   Each policy or certificate of credit life insurance or credit accident and sickness insurance shall set forth the following on the first page of the policy or attached thereto in a manner that is clear and conspicuous and achieves a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test:

(1)   the name, address, and telephone number of the insurer and the process to be followed in submitting a claim;

(2)   the name or names of the debtor, or in the case of a certificate, the identity by name or otherwise of the debtor;

(3)   the age or date of birth of the debtor;

(4)   the premium or amount payable by the debtor separately for credit life insurance and credit accident and sickness insurance;

(5)   a description of the coverage including the amount and term of the coverage, and any exceptions, limitations, or restrictions;

(6)   a statement that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness;

(7)   a statement that, if the amount of insurance exceeds the amount necessary to discharge the indebtedness, any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to his estate;

(8)   a conspicuous statement that the insured debtor shall have the right to cancel the insurance policy or group certificate and have all the premiums paid by or charged to the insured debtor refunded or credited, upon giving written notice to the insurer within thirty days from the date the insured debtor received the policy or certificate; and

(9)   a conspicuous statement which reads as follows: `For specific information about credit insurance issued in conjunction with your loan, contact your creditor or your insurance company. For general information about credit insurance or complaints regarding your credit insurance, please contact the South Carolina Department of Insurance at 1-800-768-3467.'

(C)   If a credit life or a credit accident and sickness insurance policy or certificate provides truncated or critical period coverage or any other type of similar coverage that does not provide benefits or coverage for the entire term or amount of the indebtedness, the credit life or credit accident and sickness insurance policy or certificate shall include a statement printed on the face of the policy or first page of the certificate which clearly describes the limited nature of the insurance.

(D)   The provisions of subsections (B) and (C) do not apply to insurance for which no identifiable charge is made to the consumer."

SECTION 10. Section 37-4-110(1) of the 1976 Code is amended to read:

"(1) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral (Section 37-2-204 or Section 37-3-204), a refinancing (Section 37-2-205 or Section 37-3-205), or a consolidation (Section 37-2-206 or Section 37-3-206), unless:

(a)   the debtor agrees at or before the times of the deferral, refinancing, or consolidation that the charge may be made;

(b)   the debtor is or is to be provided with insurance for an amount or a term, or insurance of a kind, in addition to that to which he would have been entitled had there been no deferral, refinancing, or consolidation;

(c)   the debtor receives a refund or credit on account of any unexpired term of existing insurance in the amount that would be required if the insurance were terminated (Section 37-4-108); and

(d)   the charge does not exceed the amount permitted by this chapter (Section 37-4-107).

If the insurance coverage upon the original loan has not lapsed, the creditor must offer the consumer a choice to continue disability or life insurance coverage up to the amount of the insurance coverage remaining at the time of the deferral, refinancing, or consolidation and

If the insurance coverage upon the original loan has not lapsed, incontestability and waiting periods for insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, are based upon the date on which the insurer originally insured the consumer with respect to the insurance coverage on the indebtedness that is deferred, refinanced, or consolidated.

If the insurance coverage upon the original loan has not lapsed, insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, on the indebtedness that is deferred, refinanced, or consolidated is not subject to evidence of insurability.

The provisions of this section do not apply to insurance for which no identifiable charge is made to the debtor."

SECTION 11. Section 37-4-201 of the 1976 Code is amended to read:

"Section 37-4-201.   (1) Consumer credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the debtor becomes obligated to the creditor or when the debtor applies for the insurance, whichever is later, except as follows:

(a)   if any required evidence of insurability is not furnished until more than thirty days after the term would otherwise commence, the term may commence on the date when the insurer determines the evidence to be satisfactory; or

(b)   if the creditor provides insurance not previously provided covering debts previously created, the term may commence on the effective date of the policy.

(2)   If evidence of insurability is required, and the insured's eligibility is to be determined by inquiries about existing or past medical conditions, the medical conditions inquired about shall be clearly and conspicuously disclosed in plain language on forms promulgated or approved by the Department of Insurance which achieve a grade level score of no higher than seventh grade on the

(2)(3) The originally scheduled term of the insurance shall extend at least until the due date of the last scheduled payment of the debt, except as follows:

(a)   if the insurance relates to a revolving charge account or revolving loan account, the term need extend only until the payment of the debt under the account and may be sooner terminated after at least thirty days' notice to the debtor; or

(b)   if the consumer chooses to purchase insurance for less than the term of the consumer credit transaction and if the debtor is advised in writing that the insurance will be written for a specified shorter time as follows, the term need extend only until the end of the specified time.:
(i)   For all closed-end credit transactions in which the debtor's age at loan maturity would not exceed any applicable age limit, the debtor shall be given a disclosure that the insurance is for the length of the loan.
(ii)   The disclosure may allow the consumer to affirmatively sign a statement that the term of the insurance is less than the length of the loan, in which event, the coverage shall be for the duration so agreed to and the disclosure must clearly and conspicuously indicate the length of the insurance coverage and that the length of the insurance coverage is less than the term of the loan.
(iii)   The disclosures must achieve a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test.

(3)(4)   The term of the insurance shall not extend more than fifteen days after the originally scheduled due date of the last scheduled payment of the debt unless it is extended without additional cost to the debtor or as an incident to a deferral, refinancing, or consolidation."

SECTION 12. Section 37-4-202(1)(a) of the 1976 Code is amended to read:

"(1)(a) In the case of consumer credit insurance providing life coverage, the amount of insurance may not initially exceed the debt and, if the debt is payable in installments, may not at any time exceed the greater of the scheduled or actual amount of the debt. For purposes

SECTION 13. Section 37-4-203(2) of the 1976 Code is amended to read:

"(2) Except as provided in subsection (3), all policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders relating to consumer credit insurance, other than life insurance, delivered or issued for delivery in this State, and the schedule of premium rates or charges pertaining thereto, shall be filed by the insurer with the Director of Insurance Commissioner. Within ninety days after the filing of any form or schedule, he shall disapprove it if the premium rates or charges are unreasonable in relation to the benefits provided under the form, or if the form contains provisions which are unjust, unfair, inequitable or deceptive, or encourage misrepresentation of the coverage, or are contrary to any provision of the Insurance Code or of any rule or regulation promulgated thereunder."

SECTION 14. Section 37-4-203(5) of the 1976 Code is amended to read:

"(5)   Credit Until January 1, 2001, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue, subject to a minimum charge of three dollars:

Decreasing Balance       Level Balance

Individual               $ .65                   $1.30

Joint Insurance           $1.08                   $2.16

Effective January 1, 2001, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the

Decreasing Balance       Level Balance

Individual               $ .57                   $1.14

Joint Insurance           $.95                     $1.89

Effective January 1, 2003, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue:

Decreasing Balance       Level Balance

Individual               $ .55                   $1.10

Joint Insurance           $.91                     $1.83"

SECTION 15. The 1976 Code is amended by adding:

"Section 37-4-205.   No person may act or attempt in a consumer credit transaction to prevent the filing or receiving of payment on a legitimate insurance claim. In an action in which it is found that a person has violated this section, the court shall award to the consumer the actual damages and consequential damages, if any, and to his attorneys their reasonable fees and costs. In determining attorney's fees and costs, the amount of recovery on behalf of the consumer is not controlling."

SECTION 16. The 1976 Code is amended by adding:

"Section 37-4-206.   Notwithstanding the requirements of Sections 37-2-202(2), 37-3-202(2), 37-4-110(1)(e), and 37-4-201(3)(b) required disclosures must be given and acknowledged, but need not be signed by the debtor, in a transaction that meets all of the following requirements:

(a)   the plan is an open-end loan or open-end credit plan;

(b)   the insurance election or change is made by the debtor at a time after the plan documents are initially completed and the plan is established;

(c)   the premiums or insurance charges are to be added to the account monthly on an outstanding balance basis;

(d)   the insurance election or change is requested by the debtor by telephone or other electronic means;

(e)   the consumer has the ability to cancel the credit insurance at any time; and

(f)   the consumer is given a clear and conspicuous disclosure in plain language on the first statement in which the additional charge is included stating that there has been an increase in the insurance premium and that the coverage may be canceled at any time. In lieu of

SECTION 17. The 1976 Code is amended by adding:

"Section 37-4-207.   A policy may not be declared void and the insurer may not avoid liability based upon a misrepresentation made by the insured, with respect to information provided regarding medical conditions or health history required in furnishing evidence of insurability, that is not causally related to the contingency or event by which the policy claim arises."

SECTION 18. The 1976 Code is amended by adding:

"Section 37-4-208.   The amount charged for non-filing insurance coverage may not exceed seventy-five percent of the official fee as defined in Section 37-1-301(17)."

SECTION 19. The 1976 Code is amended by adding:

"Section 37-4-209.   Nothing in this chapter shall be construed to prohibit the creditor from combining disclosures required in this chapter with other disclosures required under state and federal law, in order to avoid redundancy."

SECTION 20. The 1976 Code is amended by adding:

"Section 37-4-210.   Disability shall not be defined more restrictively than the inability of the insured to engage in his own occupation during the first year of disability or for the length of the benefit period if less than one year. After the first year of disability, disability shall not be defined more restrictively than the inability of the insured to engage in the substantial duties of any other gainful occupation for substantially equivalent remuneration to the insured's own occupation. Substantially equivalent remuneration means not less than seventy-five percent of the insured's base wage, exclusive of overtime and bonus, as of the date disability commences."

SECTION 21. If any provision of this act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

SECTION 22.   Upon approval by the Governor, this act takes effect January 1, 2000. The provisions in SECTION 1 and SECTION 14 relating to changes in credit life insurance rates are effective as indicated in the respective sections. The South Carolina Department of Insurance may, prior to the effective date of this act, review any policies and filings necessary to implement the provisions of this act in

Renumber 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.

S. 424 (Word version) -- Senators J. Verne Smith, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT SELL PHOTOGRAPHS OR DIGITIZED IMAGES CONTAINED IN A PERSON'S DRIVER'S LICENSE RECORD, AND TO DELETE PARAGRAPH 36.12, SECTION 36, PART IB OF ACT 419 OF 1998 WHICH AUTHORIZES THE SALE OF SUCH ITEMS.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator J. VERNE SMITH proposed the following amendment (GGS\22154CM99), which was adopted:

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

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

"Section 23-6-93.   The Department of Public Safety shall not sell copies of photography, electronically stored information, stored photographs, or digitized images contained on a person's driver's license."

SECTION   2.   Paragraph 36.12, Section 36, part IB of Act 419 of 1998 is deleted.

SECTION   3.   Nothing in this act may be interpreted to prevent or preclude the disclosure of public records as required by Chapter 4, Title 30.

SECTION   4.   This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator J. VERNE SMITH 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 with notice of general amendments.

S. 338 (Word version) -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO ESTABLISH NEW PRECINCTS AND RENAME CERTAIN EXISTING PRECINCTS.

Senator MESCHER asked unanimous consent to make a motion to take the Bill up for immediate consideration.

There was no objection.

Having voted on the prevailing side, Senator MESCHER moved that second reading of the Bill be reconsidered.

There was no objection and second reading was reconsidered.

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,

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 (263STC3), which was adopted:

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

SECTION   1.   The 1976 Code is amended by adding:

"Section 56-5-616.   The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."

SECTION   2.   Section 56-5-1520 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-5-1520.   (a)   General rule. No (A)   A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b)   Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this

(1)   thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;

(2)   sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and

(3)   fifty-five miles an hour in other locations or on other sections of highways and unpaved roads are limited to the speed of forty-five miles per hour; and except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.

(4)   manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the posted speed limit when the posted speed limit is in excess of forty-five miles per hour, and never in excess of fifty-five miles per hour.

(C)   Thirty miles an hour is the maximum speed in an urban district. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D)   The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c)   When lower speeds required; penalties; citation for violating speed limits.

(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d)   Any (F)   A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1)   in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2)   in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3)   in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4)   in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(e)(G)   Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(f)(H)   In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."

SECTION   3.   Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2)   increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"

SECTION   4.   Section 56-5-1510 and Section 57-3-175 of the 1976 Code are repealed.

SECTION   5.   This act takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

Senators PEELER, BRYAN and McCONNELL spoke on the committee amendment.

Senator LAND explained the committee amendment.

The amendment was adopted.

Senators BRYAN and WALDREP desired to be recorded as voting against the adoption of the committee amendment.

Senator LAND proposed the following amendment (263LAND3):

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

/   SECTION   .   Section 56-5-6520 of the 1976 Code is amended to read:

"Section 56-5-6520.   The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is charged with the responsibility of requiring each occupant over six and under seventeen years of age to wear a safety belt or other child restraint system as provided for in Article 47."

SECTION   .   Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:

"(9)   occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to a lap belt;.

(10)   children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."

SECTION   .   Section 56-5-6540 of the 1976 Code is amended to read:

"(A)   A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen dollars, all or part of which may be suspended. No court costs, assessments or surcharges may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. A fine imposed pursuant to this section against the driver for failing to wear a safety belt shall be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt shall be assessed against that occupant. A fine imposed pursuant to this section against an occupant or occupants under the age of eighteen for failing to wear a safety belt shall be assessed against the driver if he is eighteen years of age or older; however, the total fine assessed against a driver for any one incident shall be no more than twenty-five dollars. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be included in the

(B)   A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop when:

(1)   an occupant of the motor vehicle is not wearing a safety belt or other child restraint system as required by Article 47; or

(2)   the stop is made at a lawful checkpoint.

Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as a result of a violation of this article.

(C)   A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is not admissible as evidence in a civil action."     /

Renumber sections to conform.

Amend title to conform.

Senator McCONNELL objected to further consideration of the Bill.

On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:

Having been reported favorably from Executive Session, on motion of Senator MOORE, with unanimous consent, the following appointments were confirmed:

Initial Appointment, South Carolina Workers Compensation Commission, with term to commence June 30, 1994, and to expire June 30, 2000:

At-Large:

Holly Saleeby Atkins, 2 New Grant Court, Columbia, S.C. 29209 VICE Thomas M. Marchant

Initial Appointment, Chairman of the South Carolina Workers Compensation Commission, with term to commence April 27, 1999, and to expire April 27, 2001:

At-Large:

Holly Saleeby Atkins, 2 New Grant Court, Columbia, S.C. 29209 VICE W. Lee Catoe

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the South Carolina Workers Compensation Commission.

Initial Appointment, Director, Department of Health and Human Services:

At-Large:

Jay Samuel Griswold, 1225 Methodist Park, West Columbia, S.C. 29170 VICE Gwen Power

Initial Appointment, Chairman of the Board of Health and Environmental Control, with term to commence June 30, 1997, and to expire June 30, 2001:

At-Large:

Bradford W. Wyche, 312 Raven Street, Greenville, S.C. 29615 VICE John Hay Burris

Initial Appointment, Director, Department of Alcohol and Other Drug Abuse Services, with term to run coterminous with Governor:

At-Large:

Ricky Cornell Wade, 1456 Memorial Park Rd., Columbia, S.C. 29720 VICE Beverly G. Hamilton

To ensure compliance with the provisions of Section 8-13-700 and avoid any appearance of conflict of interest, I certify that I took no action in the consideration of nor in voting in the matter of the appointment to the Department of Alcohol and Other Drug Abuse Services.

Initial Appointment, Director, Department of Probation, Parole and Pardon Services, with term to run coterminous with Governor:

At-Large:

Stephen Keith Benjamin, 1300 Longcreek Dr., Columbia, S.C. 29210 VICE Stephen G. Bernie

At 1:35 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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