Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. EMORY as follows:
O Lord, our God, unlimited in wisdom and power, we come into Your presence aware of our needs and with confidence that You are here to lead us, to give us strength to do Your will, and to be our support for the responsibilities of this day. Help us to rise above that which is mean and small. Humble us in our pride, make us strong in our weakness. Speak Your word to us and give us ears to hear, minds to heed, and hands and feet to do Your will in a way altogether acceptable to You. Thus may we be one in our endeavors as we face the events and experiences of this day. In our Master's Name we pray. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. KENNEDY moved that when the House adjourns, it adjourn in memory of Mrs. Annie Virginia Martin Gibson of Summerton, which was agreed to.
The House stood in silent prayer for Representative Denny Neilson who is recovering from an automobile accident.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach and Robinson: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST INCLUDING COSTS INCURRED BY THE STATE OR COUNTY ELECTION COMMISSION TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT; BY ADDING SECTION 7-15-335 SO AS TO PROVIDE THAT BEFORE EACH ELECTION, THE COUNTY BOARD OF REGISTRATION OR ITS DESIGNEE SHALL OFFER QUALIFIED RESIDENTS OF NURSING HOMES AND ASSISTED LIVING FACILITIES THE OPPORTUNITY TO APPLY FOR ABSENTEE BALLOTS; BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 7-5-10, AS AMENDED, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF COUNTY BOARDS OF REGISTRATION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY REGISTRATION BOARD MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO A COMBINED ELECTION AND REGISTRATION COMMISSION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COMBINED COUNTY REGISTRATION BOARD AND ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO NOTIFY THE RESPECTIVE LEGISLATIVE DELEGATIONS, OTHER APPOINTING AUTHORITIES, AND THE GOVERNOR OF THE PROGRESS EACH COUNTY ELECTION COMMISSION MEMBER HAS MADE TOWARD COMPLETION OF THE TRAINING AND CERTIFICATION PROGRAM REQUIRED BY THIS SECTION; TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE, SO AS TO PROVIDE THAT IF A SPECIAL ELECTION IS SCHEDULED TO BE HELD NO MORE THAN FIFTEEN DAYS AFTER A GENERAL ELECTION, THE SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION; TO AMEND SECTION 7-13-860, AS AMENDED, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO REQUIRE THE WATCHER TO BE A QUALIFIED VOTER OF THE STATE RATHER THAN THE COUNTY WHERE HE IS TO WATCH; TO AMEND SECTION 7-13-1120, RELATING TO THE DISPOSITION OF IMPROPERLY MARKED BALLOTS, SO AS TO PROVIDE THAT IF A HAND COUNT IS CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION 7-13-1115, THE INTENT OF THE VOTER MUST BE CLEAR FROM THE FACE OF THE BALLOT PURSUANT TO POLICIES AND PROCEDURES ESTABLISHED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-1340, AS AMENDED, RELATING TO THE REQUIREMENT OF VOTE RECORDERS, SO AS TO ADD REFERENCES TO OPTICAL SCAN VOTING DEVICES AND DELETE PROVISIONS REQUIRING SEPARATE VOTES FOR PRESIDENT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO PROVIDE THAT ANY FORM FOR REQUESTING AN APPLICATION FOR AN ABSENTEE BALLOT MUST BE APPROVED BY THE STATE ELECTION COMMISSION PRIOR TO USE; AND TO FURTHER PROVIDE THAT A PERSON WHO REPRESENTS HIMSELF AS AN AUTHORIZED REPRESENTATIVE FOR A QUALIFIED ELECTOR AND WHO SIGNS AN OATH IN VIOLATION OF SECTION 7-25-190 IS SUBJECT TO THE PENALTIES FOR THAT OFFENSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3479 (Word version) -- Reps. W. D. Smith, Sandifer, Edge, J. E. Smith, Allison, Altman, Bales, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Clyburn, Cobb-Hunter, Coleman, Davenport, Fleming, Govan, Harvin, Hinson, Howard, Huggins, Jennings, Kelley, Kennedy, Klauber, Law, Lee, Limehouse, Lloyd, Lourie, Mack, McCraw, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, Ott, Quinn, Rodgers, Rutherford, Scott, Sharpe, F. N. Smith, J. R. Smith, Snow, Talley, Taylor, Townsend, Vaughn, Weeks, Whatley, Whipper, Wilder, Witherspoon, A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-42-75 SO AS TO PROVIDE THAT ANY MANUFACTURER, BREWER, OR IMPORTER OF BEER OR ITS AFFILIATE MAY HOLD AN INTEREST IN A LIMITED PARTNERSHIP PROVIDING FINANCIAL ASSISTANCE TO A GENERAL PARTNER WHOLESALER UNDER CERTAIN CONDITIONS, RESTRICTIONS, AND LIMITATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3302 (Word version) -- Reps. Leach and Wilkins: A JOINT RESOLUTION TO CREATE AN ADOPTIONS PROCEDURE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS SCOPE OF STUDY, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
Ordered for consideration tomorrow.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 3903 (Word version) -- Reps. Chellis, A. Young, Cobb-Hunter, Harrell and Owens: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON THURSDAY, APRIL 19, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON CAPTURING THE CLASS AAAA 2000-2001 STATE WRESTLING CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Summerville High School "Green Wave" Wrestling Team, coaches, and other school officials on Thursday, April 19, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on capturing the Class AAAA 2000-2001 State Wrestling Championship.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3904 (Word version) -- Reps. W. D. Smith, Robinson, Tripp, Easterday, Allison, Barrett, Bingham, Cato, Chellis, Coates, Dantzler, Edge, Frye, Haskins, Hinson, Huggins, Keegan, Kelley, Law, Loftis, Martin, McGee, Merrill, Riser, Sandifer, Scarborough, Sinclair, D. C. Smith, G. M. Smith, J. R. Smith, Talley, Thompson, Trotter, Webb, Witherspoon, A. Young and J. Young: A BILL TO AMEND CHAPTER 1, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR PUBLIC FINANCE, BY ADDING SECTION 11-1-130 SO AS TO REQUIRE DISCLOSURE OF MONIES PAID BY A STATE CONTRACTOR, AND TO WHOM THEY WERE PAID, IN CONNECTION WITH OBTAINING THE CONTRACT.
Referred to Committee on Judiciary
H. 3905 (Word version) -- Reps. Whipper, Altman, R. Brown, Campsen, Carnell, Cobb-Hunter, Harvin, Kelley and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-214 SO AS TO AUTHORIZE THE PAYMENT OF FINES, FEES, ASSESSMENTS, COURT COSTS, AND SURCHARGES IN CIRCUIT COURT, FAMILY COURT, MAGISTRATES COURT, AND MUNICIPAL COURT BY CREDIT CARD OR DEBIT CARD AND TO IMPOSE A SEPARATE FEE FOR THE ACCEPTANCE OF PAYMENT BY CREDIT CARD.
Referred to Committee on Judiciary
H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.
Referred to Committee on Judiciary
H. 3907 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-5-4170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TENDER OR INTERCHANGE OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER, SO AS TO MAKE TECHNICAL CHANGES, PROVIDE THAT IF THE EQUIPMENT PROVIDER FOR CERTAIN OUT-OF-SERVICE VEHICLES FAILS TO REIMBURSE THE MOTOR CARRIER OPERATOR FOR FINES AND PENALTIES INCURRED PURSUANT TO THE VEHICLE'S OUT-OF-SERVICE ORDER WITHIN THIRTY DAYS OF A CONVICTION FOR VIOLATING A ROADSIDE INSPECTION, THEN THE MOTOR CARRIER OPERATOR HAS A CIVIL CAUSE OF ACTION AGAINST THE EQUIPMENT PROVIDER, TO PROVIDE THAT THE PROVISIONS CONTAINED IN THIS SECTION ARE INTENDED TO ELIMINATE THE RESPONSIBILITY AND OBLIGATION OF A MOTOR CARRIER AND OPERATOR TO MAINTAIN AND OPERATE VEHICLES IN ACCORDANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS AND ALL STATE AND LOCAL LAWS, AND TO PROVIDE THAT ANY PROVISION CONTAINED IN AN INTERMODAL INTERCHARGE CONTRACT PROVIDING FOR A HOLD HARMLESS OR INDEMNITY AGREEMENT, OR BOTH, BETWEEN THE MOTOR CARRIER OPERATOR AND THE TENDERER OR OWNER OF A VEHICLE, CONTRARY TO ANY PROVISION OF THIS SECTION IS VOID.
Referred to Committee on Education and Public Works
H. 3908 (Word version) -- Reps. Kelley, Edge and Keegan: A BILL TO AMEND SECTION 40-56-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC SAFETY, SO AS TO REVISE THE MEMBERSHIP OF THE BOARD AND PROVIDE THAT THE BOARD SHALL OPERATE UNDER THE DIVISION OF FIRE AND LIFE SAFETY OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Labor, Commerce and Industry
H. 3909 (Word version) -- Reps. Witherspoon, Barfield, Edge, Hayes, Keegan, Kelley and Miller: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME BY ADDING SECTION 50-11-316 SO AS TO PROVIDE THAT IN GAME ZONE 7 HUNTERS MUST WEAR A HAT, SHIRT, COAT, OR VEST OF SOLID VISIBLE INTERNATIONAL ORANGE DURING GUN AND MUZZLELOADER HUNTING SEASONS FOR DEER, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 35 (Word version) -- Senators Elliott, Ford and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Referred to Committee on Ways and Means
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Labor, Commerce and Industry
S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Askins Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Easterday Edge Emory Fleming Freeman Frye Gourdine Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Rutherford Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Walker Webb Weeks Whatley White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, April 10.
Greg Delleney James Law James Klauber Bessie Moody-Lawrence Karl Allen Lewis Vaughn Jerry Govan Bill Cotty Jackson Whipper Alex Harvin
LEAVE OF ABSENCE
The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.
The SPEAKER granted Rep. GILHAM a leave of absence for today and tomorrow.
Announcement was made that Dr. James J. Hill, Jr. of Aiken is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3438 (Word version)
Date: ADD:
04/10/01 CAMPSEN
Bill Number: H. 3163 (Word version)
Date: ADD:
04/10/01 MCLEOD
Bill Number: H. 3854 (Word version)
Date: ADD:
04/10/01 BINGHAM
Bill Number: H. 3755 (Word version)
Date: ADD:
04/10/01 CAMPSEN
Bill Number: H. 3513 (Word version)
Date: ADD:
04/10/01 CAMPSEN
Bill Number: H. 3872 (Word version)
Date: ADD:
04/10/01 QUINN
Bill Number: H. 3890 (Word version)
Date: ADD:
04/10/01 MILLER
Bill Number: H. 3717 (Word version)
Date: REMOVE:
04/10/01 LEACH
Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, April 11, which was adopted:
H. 3879 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AMEND ACT 546 OF 1982, RELATING TO THE ELECTION AND TERMS OF OFFICE OF MEMBERS OF THE BOARDS OF TRUSTEES OF GREENWOOD SCHOOL DISTRICTS 50, 51, AND 52, SO AS TO DELETE FROM THE PROVISIONS THE ELECTION OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, DELETE ARCHAIC REFERENCES TO THE COUNTY BOARD OF EDUCATION, MAKE OTHER CHANGES IN THE MANNER OF ELECTION OF THE TRUSTEES OF THESE DISTRICTS TO MAKE CERTAIN CHANGES CONSISTENT WITH THE OTHER TRUSTEES ELECTED IN GREENWOOD COUNTY, TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO DELETE ARCHAIC REFERENCES, AND MAKE OTHER CHANGES SO THAT THE ELECTION OF TRUSTEES OF SCHOOL DISTRICT 50 ARE CONSISTENT WITH THE ELECTION OF OTHER TRUSTEES IN THE COUNTY.
The following Joint Resolution was taken up:
H. 3821 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO ESTABLISH A THREE-YEAR PILOT PROGRAM OF ALLIGATOR FARMING FOR THE PURPOSE OF DETERMINING THE FEASIBILITY OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL AND PROVIDE THAT UNTIL JULY 1, 2004, ANY PERSON EIGHTEEN OR OLDER MAY ESTABLISH AN ALLIGATOR FARM FOR THE PURPOSE OF POULTRY MORTALITY DISPOSAL BY COMPLYING WITH CERTAIN TERMS, CONDITIONS, AND PROVISIONS RELATING TO PARTICIPATION IN THE PILOT PROGRAM OF ALLIGATOR FARMING FOR POULTRY MORTALITY DISPOSAL.
Reps. MEACHAM-RICHARDSON and OTT proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\ 5321DJC01), which was adopted:
Amend the joint resolution, as and if amended, SECTION 1(B)(7), by striking the last sentence of item (7) and inserting the following at the end of item (7), which was adopted:
/ Fences shall be buried or otherwise secured at the bottom to prevent escape or entrance of any size alligator, and all fences must be approved by the department. An alligator farming facility may not be located or operated within one-half mile of a childcare facility, school, group home for the aged or mentally impaired, public park, or playground and must comply with all of the following siting, setback, and separation requirements:
(a) All siting requirements for alligator feeding operations must be measured from property lines.
(b) The minimum setback separation distance required between an alligator enclosure and real property owned by another person is 1,000 feet. Setbacks from property lines may be waived with written consent of the affected property owners.
(c) The minimum separation distance between an alligator enclosure and a public or private drinking water well is 500 feet.
(d) The minimum separation distance required between an alligator enclosure and waters of the State is 1,320 feet or 1/4 mile. If the waters of the State are designated Outstanding Resource Waters, Critical Habitat Waters of federally endangered species, or Shellfish Harvesting Waters, the minimum separation distance required between an alligator enclosure and waters of the State is 2,640 feet or 1/2 mile. A minimum 100 foot vegetative buffer of plants or trees is required.
(e) The minimum separation distance in feet required between a ditch or swale which drains directly into waters of the State and all alligator enclosures is 100 feet. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. J. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, April 18, which was adopted:
H. 3837 (Word version) -- Reps. J. R. Smith, Clyburn, Sharpe and D. C. Smith: A BILL TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE THE NEW PRECINCTS, PROVIDE THAT PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
The following Bill was taken up:
H. 3665 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\AMEND\ 4216MM01), 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 38-90-25. (A) A captive reinsurance company, if permitted by its articles of incorporation or charter, may apply to the director for a license to write reinsurance covering property and casualty insurance or reinsurance contracts. A captive reinsurance company authorized by the director may write reinsurance contracts covering risks in any state.
(B) To conduct business in this State, a captive reinsurance company shall:
(1) obtain from the director a license authorizing it to conduct business as a captive reinsurance company in this State;
(2) hold at least one board of directors' meeting each year in this State;
(3) maintain its principal place of business in this State; and
(4) appoint a registered agent to accept service of process and act otherwise on its behalf in this State.
(C) Before receiving a license, a captive reinsurance company shall file with the director:
(1) a certified copy of its charter and bylaws;
(2) a statement under oath of its president and secretary showing its financial condition; and
(3) other documents required by the director.
(D) In addition to the information required by subsection (C), the applicant captive reinsurance company shall file with the director evidence of:
(1) the amount and liquidity of its assets relative to the risks to be assumed;
(2) the adequacy of the expertise, experience, and character of the person who manages it;
(3) the overall soundness of its plan of operation; and
(4) other overall factors considered relevant by the director in ascertaining if the proposed captive reinsurance company is able to meet its policy obligations.
(E) Information submitted pursuant to this section is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that:
(1) information may be discoverable by a party in a civil action or contested case to which the submitting captive reinsurance company is a party, upon a showing by the party seeking to discover the information that:
(a) the information sought is relevant to and necessary for the furtherance of the action or case;
(b) the information sought is unavailable from other nonconfidential sources;
(c) a subpoena issued by a judicial or administrative law officer of competent jurisdiction has been submitted to the director; and
(2) the director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another state if:
(a) the public official agrees in writing to maintain the confidentiality of the information; and
(b) the laws of the state in which the public official serves require the information to be confidential.
(F) The provisions of subsection (E) do not apply to an industrial insured captive reinsurance company insuring the risks of an industrial insured group."
SECTION 2. The 1976 Code is amended by adding:
"Section 38-90-45. (A) The director may not issue a license to a captive reinsurance company unless the company possesses and maintains capital or free surplus of not less than the greater of three hundred million dollars or ten percent of reserves. The surplus may be in form of cash or securities.
(B) The director may prescribe additional capital or surplus based upon the type, volume, and nature of the insurance business transacted.
(C) A captive reinsurance company may not pay a dividend out of, or other distribution with respect to, capital or surplus in excess of the limitations, without the prior approval of the director. Approval of an ongoing plan for the payment of dividends or other distributions must be conditioned upon the retention, at the time of each payment, of capital or surplus in excess of amounts specified by, or determined in accordance with formulas approved by, the director."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-90-55. (A) A captive reinsurance company must be incorporated as a stock insurer with its capital divided into shares and held by its shareholders.
(B) A captive reinsurance company may not have fewer than three incorporators of whom at least two must be residents of this State.
(C) Before the articles of incorporation are transmitted to the Secretary of State, the incorporators shall petition the director to issue a certificate finding that the establishment and maintenance of the proposed corporation promotes the general good of this State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors; and
(3) other factors the director considers advisable.
(D) The capital stock of a captive reinsurance company must be issued at par value or greater.
(E) At least one of the members of the board of directors of a captive reinsurance company incorporated in this State must be a resident of this State."
SECTION 4. The 1976 Code is amended by adding:
"Section 38-90-75. (A) A captive reinsurance company may discount its loss and loss adjustment expense reserves at treasury rates applied to the applicable payments projected through the use of the expected payment pattern associated with the reserves.
(B) A captive reinsurance company shall file annually an actuarial opinion on loss and loss adjustment expense reserves provided by an independent actuary. The actuary may not be an employee of the captive company or its affiliates.
(C) The director may disallow the discounting of reserves if a captive reinsurance company violates a provision of this title."
SECTION 5. The 1976 Code is amended by adding:
"Section 38-90-145. (A) A captive reinsurance company shall pay to the department by March first of each year a captive reinsurance tax of five thousand dollars.
(B) The tax provided in this section is the only tax collectible pursuant to the laws of this State from a captive reinsurance company, and no tax on reinsurance premiums, other than occupation tax, nor any other taxes may be levied or collected from a captive reinsurance company by the State or a county, city, or municipality within this State, except ad valorem taxes on real and personal property used in the production of income.
(C) A captive reinsurance company failing to make returns or to pay all taxes required by this section, is subject to sanctions provided in this title."
SECTION 6. The 1976 Code is amended by adding:
"Section 38-90-185. At least thirty-five percent of the assets of a captive reinsurance company must be managed by an asset manager domiciled in this State."
SECTION 7. Section 38-90-10 of the 1976 Code, as added by Act 331 of 2000, is amended to read:
"Section 38-90-10. As used in this chapter, unless the context requires otherwise:
(1) 'Alien captive insurance company' means an insurance company formed to write insurance business for its parents and affiliates and licensed pursuant to the laws of an alien jurisdiction which imposes statutory or regulatory standards in a form acceptable to the director on companies transacting the business of insurance in such jurisdiction.
(2) 'Affiliated company' means a company in the same corporate system as a parent, an industrial insured, or a member organization by virtue of common ownership, control, operation, or management.
(3) 'Association' means a legal association of individuals, corporations, partnerships, or associations that has been in continuous existence for at least one year:
(a) the member organizations of which collectively, or which does itself;
(i) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an association captive insurance company incorporated as a mutual insurer; or
(b) the member organizations of which collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer.
(4) 'Association captive insurance company' means a company that insures risks of the member organizations of the association and their affiliated companies.
(5) 'Branch business' means any insurance business transacted by a branch captive insurance company in this State.
(6) 'Branch captive insurance company' means an alien captive insurance company licensed by the director to transact the business of insurance in this State through a business unit with a principal place of business in this State.
(7) 'Branch operations' means any business operations of a branch captive insurance company in this State.
(8) 'Captive insurance company' means a pure captive insurance company, association captive insurance company, captive reinsurance company, sponsored captive insurance company, or industrial insured captive insurance company formed or licensed under this chapter. For purposes of this chapter, a branch captive insurance company must be a pure captive insurance company with respect to operations in this State, unless otherwise permitted by the director.
(9) 'Captive reinsurance company' means a reinsurance company that is formed or licensed pursuant to this chapter and is wholly owned by a qualifying reinsurance parent company. A captive reinsurance company is a stock corporation.
(10) 'Consolidated debt to total capital ratio' means the ratio of the sum of (a) all debts and hybrid capital instruments including, but not limited to, all borrowings from banks, all senior debt, all subordinated debts, all trust preferred shares, and all other hybrid capital instruments that are not included in the determination of consolidated GAAP new worth issued and outstanding to (b) total capital, consisting of all debts and hybrid capital instruments as described in subitem (a) plus shareholders' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(11) 'Consolidated GAAP net worth' means the consolidated shareholders' equity determined in accordance with GAAP for reporting to the United States Securities and Exchange Commission.
(12) 'Controlled unaffiliated business' means a company:
(a) that is not in the corporate system of a parent and affiliated companies;
(b) that has an existing contractual relationship with a parent or affiliated company; and
(c) whose risks are managed by a pure captive insurance company in accordance with Section 38-90-190.
(10)(13) 'Director' means the Director of the South Carolina Department of Insurance or the director's designee.
(11)(14) 'Department' means the South Carolina Department of Insurance.
(15) 'GAAP' means generally accepted accounting principles.
(12)(16) 'Industrial insured' means an insured as defined in Section 38-25-150(8).
(13)(17) 'Industrial insured captive insurance company' means a company that insures risks of the industrial insureds that comprise the industrial insured group and their affiliated companies.
(14)(18) 'Industrial insured group' means a group that meets either of the following criteria:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer; or
(ii) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or
(b) a group which is created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. Section 3901 et seq., as amended, as a corporation or other limited liability association taxable as a stock insurance company or a mutual insurer under this title.
(15)(19) 'Member organization' means a individual, corporation, partnership, or association that belongs to an association.
(16)(20) 'Parent' means a corporation, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty per cent of the outstanding voting securities of a pure captive insurance company.
(17)(21) 'Participant' means an entity as defined in Section 38-90-230, and any affiliates of that entity, that are insured by a sponsored captive insurance company, where the losses of the participant are limited through a participant contract to the assets of a protected cell.
(18)(22) 'Participant contract' means a contract by which a sponsored captive insurance company insures the risks of a participant and limits the losses of the participant to the assets of a protected cell.
(19)(23) 'Protected cell' means a separate account established and maintained by a sponsored captive insurance company for one participant.
(20)(24) 'Pure captive insurance company' means a company that insures risks of its parent and affiliated companies.
(25) 'Qualifying reinsurer parent company' means a reinsurer authorized to write reinsurance by this State and that has a consolidated GAAP net worth of not less than five hundred million dollars and consolidated debt to total capital ratio not greater than 0.50.
(21)(26) 'Sponsor' means an entity that meets the requirements of Section 38-90-220 and is approved by the director to provide all or part of the capital and surplus required by applicable law and to organize and operate a sponsored captive insurance company.
(22)(27) 'Sponsored captive insurance company' means a captive insurance company:
(a) in which the minimum capital and surplus required by applicable law is provided by one or more sponsors;
(b) that is formed or licensed under this chapter;
(c) that insures the risks of separate participants through the contract; and
(d) that segregates each participant's liability through one or more protected cells.
(28) 'Treasury rates' means the United States treasury strips asked yield as published in the Wall Street Journal as of a balance sheet date." /
SECTION 8. Section 38-90-70(B) of the 1976 Code, as added by Act 331 of 2000, is amended to read:
"(B) Before March 1 first of each year, a captive insurance company or a captive reinsurance company shall submit to the director a report of its financial condition, verified by oath of two of its executive officers. Except as provided in Sections 38-90-40 and 38-90-50, a captive insurance company or a captive reinsurance company shall report using generally accepted accounting principles, unless the director approves the use of statutory accounting principles, with any useful or necessary modifications or adaptations required or approved or accepted by the director for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the director. Except as otherwise provided, an association captive insurance company and an industrial insured group shall file its report in the form required by Section 38-13-80, and each industrial insured group shall comply with the requirements set forth in Section 38-13-85. The director by regulation shall prescribe the forms in which pure captive insurance companies and industrial insured captive insurance companies shall report."
SECTION 9. Section 38-90-220 of the 1976 Code, as added by Act 331 of 2000, is amended to read:
"Section 38-90-220. A sponsor of a sponsored captive insurance company must be an insurer licensed under pursuant to the laws of any a state, a reinsurer authorized or approved under pursuant to the laws of any a state, or a captive insurance company formed or licensed under pursuant to this chapter. A risk retention group may not be either a sponsor or a participant of a sponsored captive insurance company. The business written by a sponsored captive insurance company with respect to each protected cell must be fronted by an insurance company licensed under the laws of any state. A risk retention group may not be either a sponsor or a participant of a sponsored captive insurance company.:
(1) fronted by an insurance company licensed pursuant to the laws of a state;
(2) reinsured by a reinsurer authorized or approved by this State; or
(3) secured by a trust fund in the United States for the benefit of policyholders and claimants funded by an irrevocable letter of credit or other asset acceptable to the director. The amount of security provided by the trust fund may not be less than the reserves associated with those liabilities, including reserves for losses, allocated loss adjustment expenses, incurred but unreported losses, and unearned premiums for business written through the participant's protected cell. The director may require the sponsored captive to increase the funding of a trust established pursuant to this item. If the form of security in the trust is a letter of credit, the letter of credit must be established, issued, or confirmed by a bank chartered in this State, a member of the federal reserve system, or a bank chartered by another state if that state-chartered bank is acceptable to the director. A trust and trust instrument maintained pursuant to this item must be in a form and upon terms approved by the director."
SECTION 10. Section 38-10-10 of the 1976 Code, as added by Act 238 of 2000, is amended to read:
"Section 38-10-10. This chapter is adopted to provide a basis for the creation of protected cells by a domestic insurer or captive insurer as defined in Chapter 90 as one means of accessing alternative sources of capital and achieving the benefits of insurance securitization. Investors in fully funded insurance securitization transactions provide funds that are available to pay the insurer's insurance obligations or to repay the investors, or both. The creation of protected cells is intended to be a means to achieve more efficiencies in conducting insurance securitizations."
SECTION 11. Section 38-10-20(10) of the 1976 Code, as added by Act 238 of 2000, is amended to read:
"(10) "Protected cell company" means a domestic insurer or captive insurer that has one or more protected cells."
SECTION 12. Section 38-9-200(B) of the 1976 Code, as last amended by Act 422 of 1998, is further amended to read:
"(B) Credit shall must be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this State, or approved as a reinsurer by the director or designee provided by Section 38-5-60, or licensed as a captive reinsurance company pursuant to Chapter 90 of this title. It is not the intent of this provision to allow an insurer domiciled outside this State to take credit for reinsurance in its financial statements based on the domestic license, authorization, accreditation, or 'substantially similar' status of the captive reinsurance company."
SECTION 13. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3601 (Word version) -- Reps. Huggins and Barfield: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 50 SO AS TO REQUIRE A WRITTEN PROPERTY CONDITION DISCLOSURE STATEMENT UPON THE SALE OF CERTAIN RESIDENTIAL PROPERTY, TO PROVIDE EXEMPTIONS FROM THIS REQUIREMENT, TO IMPOSE DUTIES ON OWNERS AND REAL ESTATE LICENSEES IN REGARD TO THESE REQUIREMENTS, AND TO AUTHORIZE THE REAL ESTATE COMMISSION TO PERFORM SPECIFIC DUTIES AND FUNCTIONS IN REGARD TO THESE DISCLOSURE STATEMENTS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10136MM01):
Amend the bill, as and if amended, Section 27-50-110, as contained in SECTION 1, page 6, lines 8 through 10, by deleting the section in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. EDGE explained the amendment.
Rep. HUGGINS spoke in favor of the amendment.
Rep. EDGE spoke in favor of the amendment.
Rep. EASTERDAY requested debate on the Bill.
Rep. EDGE continued speaking.
Reps. KNOTTS, WHATLEY, J. E. SMITH and MILLER requested debate on the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3528 (Word version) -- Reps. Harrison, Wilkins and Fleming: A BILL TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Rep. DELLENEY explained the Bill.
H. 3539 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.
Rep. DELLENEY explained the Bill.
The following Bill was taken up:
H. 3480 (Word version) -- Reps. J. E. Smith and Miller: A BILL TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Rep. MCGEE explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. MCGEE having the floor.
Rep. FLEMING asked unanimous consent to recall H. 3867 from the Committee on Education and Public Works.
Rep. SCOTT objected.
On motion of Rep. J. E. SMITH, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
H. 3856 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND SECTION 20-7-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE ANY OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF ANY SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY ANIMAL CONTROL OFFICER WITHIN THE SECTION; AND TO AMEND CHAPTER 1, TITLE 47, RELATING TO CRUELTY TO ANIMALS, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION AND TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION.
Rep. FLEMING asked unanimous consent to recall H. 3389 from the Committee on Judiciary.
Rep. HOWARD objected.
On motion of Rep. HARRISON, with unanimous consent, Regulation No. 2573 was ordered recalled from Committee on Judiciary and referred to Committee on Medical, Military, Public and Municipal Affairs.
The Senate amendments to the following Bill were taken up for consideration:
H. 3288 (Word version) -- Reps. Cato, Edge and White: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF MANUFACTURED HOUSING, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD.
Rep. CATO made the Point of Order that the Senate Amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. FLEMING moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 10, 2001
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at a mutually convenient time today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
The following was received:
Columbia, S.C., April 10, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3237:
H. 3237 (Word version) -- Reps. Witherspoon, Frye and Littlejohn: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT THAT MAY BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON CERTAIN TROTLINES AFTER JUNE 30, 2001, ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, AND TO ALSO REMOVE THE PROHIBITION ON THE USE OF BREAM AS BAIT ON TROTLINES AFTER JUNE 30, 2001, ON THE BLACK, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3427 (Word version) -- Reps. Knotts, Barrett, Govan, Thompson, Whatley, White and Lourie: 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 87 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES TO WORLD WAR II VETERANS AND TO PROVIDE FOR THE USE OF A CERTAIN PORTION OF THE FEES COLLECTED FROM THE ISSUANCE OF THIS LICENSE PLATE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 3590 (Word version) -- Reps. White, Coates, Cooper, Hinson, Law, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Sandifer, Sinclair, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-286, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PERMIT, AND THE DENIAL OF ISSUANCE OF A DRIVER'S LICENSE OR PERMIT BY THE DEPARTMENT OF PUBLIC SAFETY TO A PERSON UNDER THE AGE OF TWENTY-ONE WHO DRIVES A MOTOR VEHICLE AND HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR MORE, SO AS TO INCREASE THE FEE FOR A TEMPORARY ALCOHOL-RESTRICTED DRIVER'S LICENSE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED DOLLARS, TO PROVIDE THAT SEVENTY-FIVE DOLLARS OF THE FEE MUST BE RETAINED BY THE DEPARTMENT OF PUBLIC SAFETY, AND TO DELETE THE PROVISION THAT REQUIRES A PORTION OF THE FEE TO BE RETAINED BY THE DEPARTMENT FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF A TEMPORARY ALCOHOL RESTRICTED DRIVER'S LICENSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3910 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE SAMUEL BOYLSTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3911 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. BERNESS MANN MCFADDIN OF SARDINIA, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3912 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. JANE WYCHE CRAFT OF MANNING, AND EXTEND DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3913 (Word version) -- Reps. Rodgers, Whipper, Allison, Barrett, Bowers, Campsen, Clyburn, Cobb-Hunter, Freeman, Gilham, Haskins, Hinson, Hosey, Martin, Miller, Owens, Parks, Rhoad, Stuart, Walker, Whatley, White and Witherspoon: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO CHANGE THE MAXIMUM AGE OF A VICTIM OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE FROM A PERSON FOURTEEN YEARS OF AGE OR LESS TO A PERSON WHO HAS NOT ATTAINED THE AGE OF SIXTEEN.
Referred to Committee on Judiciary
H. 3914 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-665 SO AS TO PROVIDE THAT AN ABSENCE FROM WORK BY A STATE EMPLOYEE SOLELY DUE TO A WORKPLACE CLOSING OR STAFFING REDUCTION ORDERED BY THE GOVERNOR IN THE DECLARATION OF A STATE OF EMERGENCY IS NOT CONSIDERED AN ABSENCE FOR PURPOSES OF ANNUAL OR OTHER CATEGORIES OF LEAVE ALLOWED STATE EMPLOYEES.
Referred to Committee on Ways and Means
H. 3915 (Word version) -- Reps. J. Young, Barrett, Coates, Harrison, McLeod, Rivers, Sandifer and J. E. Smith: A BILL TO AMEND SECTION 56-3-1750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES AUTHORIZED FOR MEMBERS OF THE UNITED STATES MILITARY RESERVE, SO AS TO PROVIDE THAT ONE PLATE MAY BE ISSUED TO AN ACTIVE RESERVIST FOR EACH PRIVATE PASSENGER MOTOR VEHICLE REGISTERED IN HIS NAME IN THIS STATE PROVIDED THE TOTAL NUMBER OF RESERVIST PLATES ISSUED TO ONE PERSON SHALL NOT EXCEED THREE; TO AMEND SECTION 56-3-1760, RELATING TO THE DESIGN OF RESERVIST PLATES, SO AS TO REQUIRE THAT THE PLATE MUST BEAR THE INSIGNIA AND NAME OF THE BRANCH OF SERVICE OF WHICH THE RESERVIST IS A MEMBER; TO AMEND SECTION 56-3-1815, AS AMENDED, RELATING TO SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE NATIONAL GUARD AND MEMBERS OF THE STATE GUARD, SO AS TO DELETE THE REQUIREMENT THAT CURRENT STOCKS OF CERTAIN PLATES BE EXHAUSTED BEFORE THE SPECIAL PLATES MAY BE ISSUED; TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO THE DESIGN OF SPECIAL PLATES FOR THE NATIONAL GUARD, SO AS TO DELETE THE REQUIREMENT THAT CURRENT STOCKS OF CERTAIN PLATES BE EXHAUSTED BEFORE THE SPECIAL PLATES MAY BE ISSUED; TO AMEND SECTION 56-3-4310, AS AMENDED, RELATING TO SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE ARMED FORCES OF THE UNITED STATES, SO AS TO MAKE TECHNICAL CHANGES IN THE LANGUAGE OF THE SECTION; AND TO AMEND SECTION 56-3-4320, RELATING TO THE DESIGN OF RETIRED MILITARY PLATES, SO AS TO REQUIRE THAT THE PLATE MUST BEAR THE INSIGNIA AND NAME OF THE BRANCH OF SERVICE FROM WHICH THE MEMBER IS RETIRED.
Referred to Committee on Education and Public Works
H. 3916 (Word version) -- Reps. Klauber and Robinson: A BILL TO AMEND SECTION 59-32-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPLIANCE WITH THE STATE'S COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL MAY ENFORCE COMPLIANCE WITH THE PROVISIONS CONTAINED IN THE PROGRAM.
Referred to Committee on Judiciary
H. 3917 (Word version) -- Reps. Harrell, Keegan and Limehouse: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO SUBSTITUTE REVISED PROJECTS FOR PROJECTS PREVIOUSLY AUTHORIZED FOR THE TECHNICAL COLLEGE OF THE LOW COUNTRY AND AIKEN TECHNICAL COLLEGE WITHOUT CHANGING THE ORIGINAL AUTHORIZATION AMOUNTS.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3918 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 16-3-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO REVISE THE AGE OF A VICTIM OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, AND TO REVISE THE AGE OF AN ACTOR WHO COMMITS CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
Referred to Committee on Judiciary
H. 3919 (Word version) -- Reps. Robinson and Rice: A BILL TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY ENTICING AN ENROLLED CHILD FROM ATTENDING SCHOOL, SO AS TO PROVIDE WITH CERTAIN EXCEPTIONS THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A STUDENT IN SCHOOL WHO ENTICES ANOTHER STUDENT NOT TO ATTEND SCHOOL WHICH MATTERS SHALL BE HANDLED ADMINISTRATIVELY BY APPROPRIATE SCHOOL OFFICIALS.
Referred to Committee on Education and Public Works
Rep. W. D. SMITH moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 1:10 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R26, S. 365 (Word version)) -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ANNUITY MORTALITY TABLES FOR USE IN DETERMINING RESERVE LIABILITIES FOR ANNUITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2553, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R27, S. 397 (Word version)) -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, COMMISSIONERS OF PILOTAGE, RELATING TO PORT OF CHARLESTON, SHORT BRANCH QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2596, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R28, S. 502 (Word version)) -- Senator McGill: AN ACT TO REPEAL ACT 191 OF 1971, RELATING TO THE CREATION OF THE WILLIAMSBURG COUNTY RECREATION COMMISSION DISTRICT AND TRANSFER ALL OF ITS POWERS, DUTIES, RESPONSIBILITIES, ASSETS, AND LIABILITIES TO THE GOVERNING BODY OF WILLIAMSBURG COUNTY.
(R29, H. 3053 (Word version)) -- Reps. J. Young, Kirsh, Davenport, G.M. Smith, W.D. Smith, Harrison and Whipper: AN ACT TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-115, SO AS TO CREATE A GENERAL LIEN UPON ANY PUBLIC RETIREMENT OR PENSION PLAN NOT COVERED BY ERISA OF ANY PUBLIC OFFICER, EMPLOYEE, OR ANY OTHER PERSON WHO IS CONVICTED OF AN OFFENSE INVOLVING EMBEZZLEMENT OR MISAPPROPRIATION OF PUBLIC FUNDS OR PROPERTY TO THE PRIVATE USE OF HIMSELF OR ANY OTHER PERSON, TO THE EXTENT OF THE TOTAL LOSS, DAMAGE OR EXPENSE TO THE STATE, OR TO A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THE STATE, TO PROVIDE FOR THE JUDGE SENDING A NOTICE OF THE LIEN TO THE ATTORNEY GENERAL AND APPROPRIATE RETIREMENT OR PENSION PLAN SYSTEM, TO PROVIDE THAT THE SPOUSE OR REPRESENTATIVE OF MINOR CHILDREN MAY FILE A PETITION TO HAVE THE JUDGE DISSOLVE THE LIEN IN WHOLE OR IN PART IN FAVOR OF THE SPOUSE OR MINOR CHILDREN BECAUSE THE SPOUSE OR MINOR CHILDREN WOULD SUFFER EXTREME FINANCIAL HARDSHIP IF THE LIEN WERE TO ATTACH, TO PROVIDE THE LIEN SHALL NOT ATTACH TO THE ALTERNATE PAYEE'S PORTION OF THE RETIREMENT BENEFIT IF THE CONVICTED PERSON IS SUBJECT TO A QUALIFIED DOMESTIC RELATIONS ORDER OR IF THE CONVICTED PERSON IS SUBJECT TO A CHILD SUPPORT ORDER, TO PROVIDE THAT AN ACTION TO ENFORCE THE LIEN CREATED BY THIS SECTION MAY BE BROUGHT AT ANY TIME UP TO THE DEATH OF A PERSON WHOSE RETIREMENT OR PENSION PLAN IS SUBJECT TO THE LIEN, TO PROVIDE FOR SATISFACTION AND DISCHARGE OF THE LIEN CREATED BY THIS SECTION BY THE ATTORNEY GENERAL OR HIS DESIGNEE; TO AMEND SECTION 9-1-1680, AS AMENDED, RELATING TO EXEMPTION, WITH EXCEPTIONS, OF ANNUITY RETIREMENT ALLOWANCES, AND CONTRIBUTIONS FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THAT ANNUITIES, RETIREMENT ALLOWANCES, AND CONTRIBUTIONS ARE SUBJECT TO THE GENERAL LIEN CREATED BY SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; TO AMEND SECTIONS 9-8-190, 9-9-180, AND 9-11-270, ALL AS AMENDED, ALL RELATING TO THE EXEMPTION OF RETIREMENT ALLOWANCES FROM TAXATION AND LEGAL PROCESS, SO AS TO PROVIDE THE RETIREMENT ALLOWANCE IS SUBJECT TO SECTION 8-1-115 AND THE DOCTRINE OF CONSTRUCTIVE TRUST EX MALEFICIO; TO PROVIDE FOR THIS ACT'S RETROACTIVE APPLICATION; AND TO PROVIDE A SEVERABILITY CLAUSE.
(R30, H. 3098 (Word version)) -- Reps. McGee, Altman, Meacham-Richardson, Whatley, Owens and Rodgers: AN ACT TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PURPLE HEART LICENSE PLATES, SO AS TO REVISE THE NUMBER OF LICENSE PLATES THAT MAY BE ISSUED TO A PURPLE HEART RECIPIENT.
(R31, H. 3173 (Word version)) -- Reps. Law and Merrill: AN ACT TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-142 SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF THE COOPER RIVER LYING BETWEEN CHANNEL MARKER 13 IN THE VICINITY OF PIMLICO PLANTATION AND THE WATER CHECK STATION IN THE VICINITY OF BLUFF PLANTATION.
(R32, H. 3227 (Word version)) -- Reps. Altman and Neilson: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT THE DWELLING HOME AND LOT OF A FORMER PRISONER OF WAR OR MEDAL OF HONOR WINNER AND TO PROVIDE THE CONDITIONS UNDER WHICH THE EXEMPTION CONTINUES FOR A SURVIVING SPOUSE; AND TO AMEND SECTION 12-37-250, RELATING TO THE HOMESTEAD EXEMPTION FROM REAL PROPERTY TAXES, SO AS TO REFLECT THE ALLOWANCE INCREASE FROM TWENTY THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS.
(R33, H. 3303 (Word version)) -- Reps. Scott and Knotts: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, SO AS TO DELETE REFERENCES TO THE PROHIBITION ON LOTTERIES, THEIR ADVERTISING, AND TICKET SALES, TO PROVIDE THAT LOTTERIES MAY BE CONDUCTED ONLY BY THE STATE, AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
(R34, H. 3616 (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 NURSING, RELATING TO OFFICIAL IDENTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R35, H. 3617 (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 MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R36, H. 3625 (Word version)) -- Reps. Easterday, Tripp, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F.N. Smith, Vaughn and Wilkins: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED BY STUDENTS OF HILLCREST HIGH SCHOOL OF THE GREENVILLE COUNTY SCHOOL DISTRICT ON NOVEMBER 20, 2000, AND NOVEMBER 21, 2000, BECAUSE OF POOR AIR QUALITY AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R37, H. 3792 (Word version)) -- Reps. Rice and Simrill: A JOINT RESOLUTION TO PROVIDE THAT EVERY VALID LICENSE AND PERMIT TO OPERATE A MOTOR VEHICLE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY THAT IS SUBJECT TO RENEWAL AND REQUIRED BY LAW TO BE RENEWED IN THE MONTHS OF MARCH, APRIL, OR MAY OF 2001 IS EXTENDED AND UNLESS SUSPENDED OR REVOKED FOR CAUSE IN THE INTERIM, MUST REMAIN IN FULL FORCE AND EFFECT UNTIL JUNE 30, 2001.
(R38, H. 3805 (Word version)) -- Rep. J. Young: AN ACT TO AMEND SECTION 50-5-1505, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TIMES, METHODS, EQUIPMENT, SIZE, AND TAKE LIMITS FOR SHAD, HERRING, AND STURGEON IN THE SANTEE RIVER, SO AS TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE AND LIMITS FOR TAKING SHAD IN CERTAIN PORTIONS OF THE SANTEE RIVER AND THE REDIVERSION CANAL, AND TO PROVIDE FOR SEASONS, TIMES, METHODS, EQUIPMENT, SIZE, AND LIMITS FOR TAKING HERRING IN THAT PORTION OF THE SANTEE RIVER BELOW THE CABLE AND BUOYS MARKING THE SEAWARD BOUNDARY OF THE WILSON DAM SANCTUARY DESIGNATED BY THE DEPARTMENT OF NATURAL RESOURCES SEAWARD TO WILSON DAM LANDING AND FURTHER PROVIDE FOR NO OPEN SEASON IN THE SANTEE RIVER SEAWARD OF WILSON BOAT LANDING.
(R39, H. 3825 (Word version)) -- Reps. A. Young, Chellis, Owens, Harrell and Cobb-Hunter: AN ACT TO AUTHORIZE DORCHESTER SCHOOL DISTRICT TWO TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
The Senate returned to the House with concurrence the following:
H. 3910 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF THE HONORABLE SAMUEL BOYLSTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3911 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. BERNESS MANN MCFADDIN OF SARDINIA, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
H. 3912 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. JANE WYCHE CRAFT OF MANNING, AND EXTEND DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
At 1:30 p.m. the House, in accordance with the motion of Rep. KENNEDY, adjourned in memory of Mrs. Annie Virginia Martin Gibson of Summerton, to meet at 10:00 a.m. tomorrow.
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