Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 128: "Happy is everyone who fears the Lord, who walk in His ways."
Holy God, You who are all-in-all, grant that every hour of our lives may be an hour in which we give to You in service to others through our words and acts of mercy and compassion. May Your blessings, O God, be upon these men and women, as they strive to be good stewards of this State and work for the common good of all people. Hear us good Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. FREEMAN moved that when the House adjourns, it adjourn in memory of Elizabeth "Libby" Eddins of Chesterfield, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3774 (Word version) -- Reps. Whipper, Easterday, J. Young, Govan, Hosey, Harvin, Sinclair, Barfield, Barrett, Bowers, Breeland, J. Brown, R. Brown, Cato, Clyburn, Cobb-Hunter, Coleman, Davenport, Gilham, Gourdine, Hamilton, Haskins, J. Hines, M. Hines, Kelley, Littlejohn, Mack, McCraw, Meacham-Richardson, Miller, Perry, Phillips, Rivers, Robinson, Rodgers, Sandifer, Scott, Sharpe, D. C. Smith, G. M. Smith, J. R. Smith, W. D. Smith, Stille, Taylor, Tripp, Walker, Weeks, Wilder and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IS NOT VALID IN THE STATE AFTER DECEMBER 31, 2001, AND TO FURTHER PROVIDE THAT OTHERWISE VALID COMMON LAW MARRIAGES ENTERED INTO BEFORE JANUARY 1, 2002, CONTINUE TO BE RECOGNIZED IN THE STATE; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 5183 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO HONOR THE 2002 PALMETTO FELLOWS SCHOLARSHIP RECIPIENTS FOR THEIR OUTSTANDING HIGH SCHOOL ACADEMIC ACHIEVEMENTS AND TO ENCOURAGE THEM TO PURSUE EXCELLENCE IN FUTURE SCHOLASTIC ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 5184 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF KINSEY BLACK JONES OF COLUMBIA ON FRIDAY, NOVEMBER 9, 2001, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 5185 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS DEEPEST SYMPATHIES TO THE FAMILY AND MANY FRIENDS OF THE LATE HASKELL FRIERSON, SR., OF CLARENDON COUNTY, UPON HIS PASSING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5186 (Word version) -- Reps. Harvin and Sharpe: A BILL TO AMEND CHAPTER 27, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERED FORESTERS, SO AS TO REVISE THE CHAPTER BY DELETING LICENSING PROVISIONS FOR LICENSED FORESTERS AND TO PROVIDE FOR QUALIFICATIONS REQUIRED TO BE CERTIFIED AS A FORESTER OR FORESTRY TECHNICIAN, AND TO PROVIDE FOR CERTIFICATION AND RENEWAL OF CERTIFICATION OF FORESTERS AND FORESTRY TECHNICIANS BY THE STATE BOARD OF FORESTRY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5187 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VITAL STATISTICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5190 (Word version) -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 3, 2002, MISSED BY THE STUDENTS IN THE HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS, IF APPROVED BY THE GOVERNING BOARD OF THE SCHOOL SYSTEM, IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. BARFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5191 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF SCHOOL TAX MILLAGE FOR SPECIFIED PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 244 (Word version) -- Senators Ritchie, Richardson and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-40-55 SO AS TO PROVIDE THAT AN APPLICANT DESIRING TO FORM A CHARTER SCHOOL MAY EITHER FILE THE APPLICATION WITH THE LOCAL SCHOOL BOARD OF TRUSTEES IN THE MANNER PROVIDED BY LAW OR IN THE ALTERNATIVE MAY FILE THE APPLICATION DIRECTLY WITH THE STATE BOARD OF EDUCATION WHICH SHALL ACT AS THE SPONSOR OF THE CHARTER SCHOOL AND AS THE APPROVING ENTITY FOR THAT CHARTER SCHOOL.
Referred to Committee on Education and Public Works
S. 1204 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 50-1-85, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NEGLIGENT USE OF FIREARMS OR ARCHERY TACKLE, SO AS TO DELETE REFERENCES TO "CRIMINAL NEGLIGENCE", TO FURTHER DEFINE "NEGLIGENCE", AND TO PROVIDE THAT A PERSON MUST LOSE THE PRIVILEGE TO HUNT FOR TWO YEARS FOR CERTAIN VIOLATIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 5188 (Word version) -- Rep. Askins: A CONCURRENT RESOLUTION CONGRATULATING THE LAKE CITY HIGH SCHOOL WRESTLING TEAM OF FLORENCE COUNTY ON WINNING THE 2002 SOUTH CAROLINA WRESTLING COACHES ASSOCIATION INDIVIDUAL TOURNAMENT STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. ASKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 5189 (Word version) -- Rep. Askins: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LAKE CITY HIGH SCHOOL WRESTLING TEAM OF FLORENCE COUNTY AND THE TEAM'S COACHES, ON A DATE AS DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR CERTAIN ACCOMPLISHMENTS DURING THE 2002 WRESTLING SEASON.
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, extends the privilege of the floor of the House of Representatives to the Lake City High School Wrestling Team and coaches, on a date and at a time as determined by the Speaker, for the purpose of being recognized and honored for various accomplishments during the 2002 wrestling season.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Emory Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Tripp Vaughn 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 Thursday, April 25.
Teddy Trotter Becky Martin Ronald Townsend Seth Whipper Fletcher Smith Leon Howard Grady Brown Bessie Moody-Lawrence Michael Easterday Bill Cotty Todd Rutherford Ronald Fleming Marty Coates Jerry Govan Joseph Neal Creighton Coleman
DOCTOR OF THE DAY
Announcement was made that Dr. Holbrook Raynal of Clinton is the Doctor of the Day for the General Assembly.
Rep. SHEHEEN presented to the House the Camden High School Bulldogs, the 2001 AAA State Champions, their coaches and other school officials.
Reps. TALLEY and SINCLAIR presented to the House the Dorman High School Dance Team, National Grand Champions, their coaches and other school officials.
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. 5077 (Word version)
Date: ADD:
04/25/02 HAMILTON
Bill Number: H. 3056 (Word version)
Date: ADD:
04/25/02 LOURIE
Bill Number: H. 5101 (Word version)
Date: ADD:
04/25/02 WEEKS
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:
S. 1210 (Word version) -- Senator Moore: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR EDGEFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE EDGEFIELD COUNTY ELECTION COMMISSION AND THE EDGEFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW EDGEFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
S. 1223 (Word version) -- Senator Short: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION OF FAIRFIELD COUNTY, TO ABOLISH THE ELECTION COMMISSION AND THE REGISTRATION BOARD FOR FAIRFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE ELECTION COMMISSION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE FAIRFIELD COUNTY ELECTION COMMISSION AND THE FAIRFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FAIRFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION ARE APPOINTED, AT WHICH TIME THE TERMS OF THE MEMBERS OF THE ELECTION COMMISSION AND REGISTRATION BOARD SHALL EXPIRE.
S. 1183 (Word version) -- Senators Leventis and Land: A BILL TO AMEND ACT 741 OF 1990, AS AMENDED, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF SUMTER COUNTY SCHOOL DISTRICT 17 MUST BE ELECTED, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THESE TRUSTEES ARE ELECTED BEGINNING WITH THE ELECTION CONDUCTED IN 2002.
S. 834 (Word version) -- Senators Kuhn, Ford and Peeler: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF EDUCATION IN THE 2002-2003 SCHOOL YEAR TO ASSIST INTERESTED SCHOOLS IN IMPLEMENTING STRUCTURED ACADEMIC MENTORING PROGRAMS, DESIGNED TO IMPROVE STUDENT PERFORMANCE AND TO ASSIST THESE SCHOOLS IN DEVELOPING STRUCTURED ACADEMIC MENTORING PROGRAMS THAT MEET THE CRITERIA NECESSARY TO QUALIFY FOR READING FIRST FUNDS ESTABLISHED UNDER THE NO CHILD LEFT BEHIND ACT OF 2001 OR ANY OTHER RESOURCES THAT MAY BE AVAILABLE.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 5172 (Word version) -- Rep. Coleman: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE FAIRFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE AMOUNT OF ANNUAL SCHOOL BUDGET INCREASES WHICH DO NOT REQUIRE THE APPROVAL OF THE COUNTY COUNCIL, AND TO DELETE CERTAIN LANGUAGE RELATING TO THE NOTIFICATION OF AND SETTING OF THE SCHOOL MILLAGE.
H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.
H. 4767 (Word version) -- Reps. Gilham, Allison, Rodgers, Walker, Vaughn and Hamilton: A BILL TO AMEND SECTION 44-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, SEWAGE, WASTE DISPOSAL, AND THE LIKE SO AS TO PROVIDE THAT CERTAIN PROVISIONS RELATING TO THE PROTECTION AND MAINTENANCE OF WATER SYSTEMS DO NOT APPLY TO A PROFESSIONALLY INSTALLED LAWN SPRINKLER SYSTEM OR LAWN IRRIGATION SYSTEM CONNECTED TO A PUBLIC WATER SYSTEM.
H. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION, OR MODIFICATION OF CERTAIN PERMITS WITHIN THE SECTION.
H. 4815 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SPECIAL PURPOSE REINSURANCE VEHICLE MODEL ACT" TO INCLUDE PROVISIONS FOR ACHIEVING GREATER EFFICIENCY IN CONDUCTING INSURANCE SECURITIZATIONS, TO DIVERSIFY AND BROADEN INSURERS' ACCESS TO SOURCES OF RISK-BEARING CAPITAL, TO MAKE INSURANCE SECURITIZATION AS GENERALLY AVAILABLE TO AS MANY INSURERS AS POSSIBLE, AND TO CREATE SPECIAL PURPOSE REINSURANCE VEHICLES IN ORDER TO FACILITATE THE SECURITIZATION OF ONE OR MORE CEDING INSURERS' RISK AS A MEANS OF ACCESSING ALTERNATIVE SOURCES OF CAPITAL.
H. 5133 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-290 SO AS TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO NOTIFY INCOMING STUDENTS, OR THEIR PARENTS, OF THE RISK OF CONTRACTING MENINGOCOCCAL DISEASE IF LIVING IN ON-CAMPUS STUDENT HOUSING AND TO REQUIRE THESE INSTITUTIONS TO RECOMMEND VACCINATION AGAINST THIS DISEASE IN THE INSTITUTION'S HEALTH AND MEDICAL INFORMATION PROVIDED TO STUDENTS AND PARENTS.
H. 4562 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 50-5-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CRAB POTS, SO AS TO DELETE LANGUAGE PERMITTING THE USE OF CRAB POTS FOR COMMERCIAL PURPOSES BETWEEN MAY FIRST AND OCTOBER FIRST WITHIN PAWLEY'S ISLAND CREEK AND MIDWAY CREEK ON PAWLEY'S ISLAND AND TO FURTHER PROVIDE THAT IT IS UNLAWFUL TO SET OR USE CRAB POTS IN THE ATLANTIC OCEAN WITHIN ONE HUNDRED FIFTY FEET OF THE MEAN LOW TIDE WATERMARK ON PAWLEY'S ISLAND.
H. 5149 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5150 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WASTE COMBUSTION AND REDUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2721, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5151 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2710, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4530 (Word version) -- Rep. Sharpe: 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 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
H. 5063 (Word version) -- Reps. McLeod, McGee, McCraw, Owens, J. E. Smith, Merrill, Thompson, Bales, Breeland, G. Brown, J. Brown, Carnell, Clyburn, Coleman, Emory, Freeman, Hamilton, Harvin, J. Hines, Huggins, Kennedy, Limehouse, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Parks, Perry, Phillips, Riser, Rivers, Scarborough, Scott, Sheheen, D. C. Smith, J. R. Smith, Snow, Stille, Stuart, Tripp, Webb, Whatley and Wilder: A BILL TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.
H. 4894 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1237 (Word version) -- Senator Holland: A JOINT RESOLUTION TO PROVIDE FOR A SPECIAL ELECTION TO FILL A VACANCY IN THE OFFICE OF CLERK OF COURT OF CHESTERFIELD COUNTY FOR THE REMAINDER OF THE TERM.
H. 5181 (Word version) -- Reps. J. Young and Weeks: A BILL TO RENAME SUMTER LANDING/PACK'S MARINA IN SUMTER COUNTY ON LAKE MARION AS PACK'S LANDING.
S. 1020 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND SECTION 38-74-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO MODIFY THE DEFINITIONS OF "HEALTH INSURANCE" AND "INDIVIDUAL MARKET"; TO AMEND SECTION 38-74-30, RELATING TO HEALTH INSURANCE POOL COVERAGE ELIGIBILITY, SO AS TO EXTEND MEDICARE SUPPLEMENT HEALTH INSURANCE COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE; TO AMEND SECTION 38-74-60, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, SO AS TO EXTEND COVERAGE TO THOSE INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICARE DUE TO DISABILITY AND UNDER SIXTY-FIVE YEARS OF AGE AND TO PROVIDE FOR THE TYPES OF BENEFIT PLANS TO BE OFFERED TO THESE INDIVIDUALS AND THE METHOD FOR ESTABLISHING PREMIUM RATES FOR THE COVERAGE; AND TO AMEND SECTION 38-74-80, RELATING TO TAX EXEMPTIONS AND CREDITS, SO AS TO PROVIDE THAT, IF THE TOTAL ASSESSMENT FOR ALL MEMBERS OF THE POOL EXCEEDS TEN MILLION DOLLARS IN ANY ONE YEAR, THE CREDIT FOR ANY MEMBER SHALL BE LIMITED TO THE AMOUNT DETERMINED BY MULTIPLYING THE MEMBER'S ASSESSMENT BY A FRACTION, THE NUMERATOR OF WHICH EQUALS TEN MILLION DOLLARS AND THE DENOMINATOR OF WHICH EQUALS THE TOTAL ASSESSMENT IN THE YEAR FOR ALL MEMBERS OF THE POOL.
Rep. TRIPP explained the Bill.
On motion of Rep. FREEMAN, with unanimous consent, it was ordered that S. 1237 be read the third time tomorrow.
On motion of Rep. J. YOUNG, with unanimous consent, it was ordered that H. 5181 be read the third time tomorrow.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that S. 1020 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 892 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A BILL TO AMEND SECTION 59-125-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY AND THE MANNER IN WHICH THESE TRUSTEES ARE ELECTED OR APPOINTED SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE ELECTED TRUSTEES SHALL BE SELECTED AND TO GIVE EACH SEAT ON THE BOARD A NUMERICAL DESIGNATION.
The following Bill was taken up:
H. 4922 (Word version) -- Reps. Scarborough, Owens, Limehouse, White, Trotter, Townsend, Cooper, Kelley, Meacham-Richardson, Altman and Loftis: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS, TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD AND TO PROVIDE THAT IF A RESOLUTION TO APPROVE OR DISAPPROVE A REGULATION HAS NOT BEEN ENACTED BY THE END OF THE SECOND YEAR OF THE LEGISLATIVE SESSION, THE REGULATION MUST BE PROMULGATED AS A NEW REGULATION BEFORE SUBMITTING FOR SUBSEQUENT APPROVAL.
Rep. CAMPSEN explained the Bill.
Reps. MCLEOD, LOURIE, KENNEDY, J. E. SMITH, JENNINGS, SHEHEEN, HAYES, CLYBURN, BATTLE, MILLER, WEEKS, RODGERS, STUART, WITHERSPOON, SCOTT, WILDER, M. HINES, MOODY-LAWRENCE, CAMPSEN, SCARBOROUGH, PERRY, LUCAS, MERRILL, BINGHAM, KNOTTS, HINSON, WEBB, EMORY and RISER requested debate on the Bill.
The following Bill was taken up:
H. 4858 (Word version) -- Reps. Sharpe, Davenport and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC TOXICITY PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE TOXICITY NPDES PERMIT LIMITATIONS IF A DISCHARGE HAS THE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11608AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Aquatic Toxicity Protection Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 48-1-87. (A) The department shall impose whole effluent toxicity ('WET') NPDES permit limitations expressed in terms of survival endpoints where, based on the mixing zone authorized in subsection (E) below, it determines that a discharge has the reasonable potential to cause or contribute to an excursion of any water quality criteria in R.61-68, other than numeric criteria for specific pollutants, that may apply to the protection of indigenous aquatic organisms from lethality. A reasonable potential determination must be based:
(1) on a weight-of-evidence approach and, whenever feasible, must give priority consideration to the actual instream biological condition using data on indigenous organisms present above and below an outfall and, additionally or alternatively, from nearby reference waterbodies;
(2) exclusively on WET test results at levels above which there is adequate confidence that test survival in the effluent is statistically significantly different from test survival in the control.
(B) The department shall promulgate as an amendment to R.61-68 a methodology for interpreting and implementing any water quality criteria that may apply to the protection of indigenous aquatic life from sublethal effects, including reproduction and growth. This methodology must be based on the following studies:
(1) The department shall perform studies to develop a valid scientific correlation between each standard WET test sublethal endpoint (e.g. Ceriodaphnia reproduction, fathead minnow survival, etc.) and the biological integrity of lakes, streams, and estuaries in South Carolina. Biological integrity includes the richness, abundance, and balanced community structure of indigenous aquatic organisms.
(2) The department shall perform studies to calibrate EPA's standard toxicity testing species and methods to the unique natural chemistry found in the lakes, streams, groundwater, and natural storm water runoff of South Carolina. These studies shall establish means for the department to distinguish and to account for, in reasonable potential and permit limit derivation proceedings, the level of adverse effect on nonindigenous standard test species actually caused by discharges of pollutants, rather than by natural water quality factors outside the control of the discharger.
(3) The department shall undertake a study as necessary to identify fish and invertebrate species, native to South Carolina, that can be used for WET testing in South Carolina. This study shall include sensitivity analyses to validate native species for use in further WET tests per EPA guidance.
(C) Until such time as the department promulgates the methodology required in subsection (B), the department shall impose WET NPDES permit limitations expressed in terms of sublethal endpoints only where it determines, based on the mixing zone authorized under subsection (E), that a discharge has the reasonable potential to cause or contribute to an excursion of any water quality criteria, other than numeric criteria for specific pollutants, that may apply to the protection of indigenous aquatic life from sublethal effects. The department shall find reasonable potential only where it can document, based on scientifically established and statistically sound procedures and results, that a substantially significant relationship exists between sublethal WET test results for a particular discharge and the corresponding degree of adverse impact on the indigenous biological community downstream of the discharge.
(D) The department must not use the results of sublethal WET testing as the basis for imposing requirements on permittees, other than permit limitations justified in subsection (C), unless the effluent has exhibited significant and persistent elevated WET test results.
(E) For purposes of performing WET reasonable potential determinations and, where justified, setting WET permit limitations, the department shall interpret and implement any applicable water quality criteria in R. 61-68 based on the actual frequency, duration, and magnitude of exposure to potentially toxic discharges. Among other actions, the department shall:
(1) evaluate chronic instream exposure based on the flow statistically calculated to represent the lowest average flow conditions that occur continuously for a seven-day period once every ten years (7Q10) or other reasonably equivalent low flow conditions in waterbodies other than streams, such as lakes and ponds;
(2) evaluate acute instream exposure based on the flow statistically calculated to represent the lowest average flow conditions that occur continuously for a one-day period once every ten years (1Q10), or other reasonably equivalent low flow conditions in waterbodies other than streams, such as lakes and ponds;
(3) use alternative flow conditions where justified by hydrological controls that ensure minimum flow conditions higher than the above flows;
(4) deem such flows as consistent with its policy in R.61-68 of minimizing mixing zones without regard to past or expected effluent quality;
(5) consider, at the request of an individual discharger, setting permit limitations based on achieving any applicable water quality criteria under R.61-68 during actual flow conditions that may be present above the minimum flows in the preceding items (1) through (3).
(F) The department shall develop guidance containing Data Quality Objectives that define the level of analytical accuracy and precision necessary to determine compliance with WET effluent limitations when using EPA's standard WET test methods in 40 C.F.R. Part 136. The Data Quality Objectives must be translated into additional mandatory test acceptance criteria. The Data Quality Objectives must include an enhanced laboratory certification program that requires unconditional adherence to EPA approved methods.
(G) The department shall disclose, in the rationale for any NPDES permit in which a WET limit is imposed, the number of excursions that are statistically expected to arise during the permit term due to statistical error or other analytical variability rather than to the presence of actual toxicity in excess of the permit limitation.
(H) The department must not impose color limitations in NPDES permits unless it promulgates in R.61-68 a methodology for interpreting and implementing any water quality criteria that may be applicable to color. This methodology shall result in permit limitations only where the department can demonstrate a substantial correlation between the test methods to be used for permit compliance and the particular standard the department is seeking to protect.
(I) The department shall, no later than one year following enactment of this provision, promulgate a modification to R.61-68 clarifying that the provisions pertaining to use reclassification at R.61-68E.6 also are applicable to the issuance of variances from the water quality criteria for a period not to exceed the term of an NPDES permit, subject to renewal upon expiration of that period."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4858 be read the third time tomorrow.
The following Bill was taken up:
H. 4912 (Word version) -- Reps. McLeod and Davenport: A BILL TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO DEFINE THE TERMS "POOL/SPA" AND "POOL/SPA OPERATOR"; AND TO AMEND SECTION 40-23-300, AS AMENDED, RELATING TO VARIOUS ENVIRONMENTAL SYSTEMS OPERATOR CERTIFICATION AND LICENSURE CLASSIFICATIONS AND QUALIFICATIONS, SO AS TO INCLUDE REQUIREMENTS FOR LICENSURE AS A BOTTLED WATER CLASS OPERATOR; AND TO ADD SECTION 40-23-330 SO AS TO PROVIDE THE QUALIFICATIONS FOR LICENSURE AS A POOL/SPA OPERATOR.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11650AC02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-23-300(B) of the 1976 Code, as last amended by an Act of 2002, bearing act number 185, is further amended by adding at the end:
"(7) To be licensed as a Bottled Water Class Operator, an applicant must:
(a) pass an examination approved by the board;
(b) have completed high school or the equivalent; and
(c) submit an application on forms approved by the board and the prescribed fee."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4912 be read the third time tomorrow.
The following Bill was taken up:
H. 4899 (Word version) -- Reps. R. Brown, Jennings and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-635 SO AS TO PROVIDE FOR A ONE DOLLAR ANNUAL SURCHARGE ON ALL MOTOR VEHICLE REGISTRATION AND LICENSING FEES, AND TO PROVIDE FOR THE ALLOCATION OF THE SURCHARGE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22529CM02), which was adopted:
Amend the bill, as and if amended, Section 56-3-635(B) as contained in SECTION 1, page 1, by striking /eighty/ on line 40 and inserting /eighty-two/ and by striking /three/ on page 2, line 4 and inserting /one/.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. VAUGHN, TRIPP, EASTERDAY, CATO, LOFTIS, R. BROWN, HINSON, F. N. SMITH, WEEKS, SANDIFER, LLOYD, TOWNSEND, CLYBURN, HOSEY, MILLER, MACK, RISER and LEACH requested debate on the Bill.
The following Bill was taken up:
S. 966 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 59-133-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE COMMITTEE OF THE BOARD MAY NOT EXCEED FIVE MEMBERS; AND TO AMEND SECTION 59-133-40, RELATING TO MEETINGS OF THE BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD MAY ONLY MEET IN FLORENCE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5322SD02), which was adopted:
Amend the bill, as and if amended, Section 59-133-40 of the 1976 Code in SECTION 2, by striking / in Florence /on line 37, page 1, and inserting / in Florence South Carolina /
When amended Section 59-133-40 shall read:
/"Section 59-133-40. The board shall meet in Florence South Carolina not less than four times each year, the time and place to be fixed by the chairman or as the board provides. The chairman shall preside and, in his absence, a member shall preside as the board may select. The chairman or a majority of the members has the power to call a special meeting and fix the time and place of the meeting. A majority of the members constitutes a quorum for the transaction of all business of the board. A majority vote of the whole board is required for the election or removal of the president. The president, other officers, and faculty members shall attend meetings of the board when requested to do so.
Notice of the time and place of all meetings of the board must be mailed by the secretary or his assistant to each trustee not less than five days before each meeting."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND 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:
S. 1085 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF LAW EXAMINERS, SO AS TO REVISE CERTAIN QUALIFICATIONS OF MEMBERS OF THE BOARD AND PROVIDE THAT THE MEMBERSHIP, TERMS, AND DUTIES OF THE BOARD SHALL BE AS SET BY THE SUPREME COURT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1942DW02), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 40-5-80 of the 1976 Code is amended to read:
"Section 40-5-80. This chapter shall may not be construed so as to prevent a citizen from prosecuting or defending his own cause, if he so desires, or the cause of another, with leave of the court first had and obtained;.provided, that he declare on oath, if required, that he neither has accepted nor will accept or take any fee, gratuity or reward on account of such prosecution or defense or for any other matter relating to the cause." /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CAMPSEN, with unanimous consent, it was ordered that S. 1085 be read the third time tomorrow.
The following Bill was taken up:
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.
Rep. WHIPPER proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5346DW02), which was adopted:
Amend the bill, as and if amended, page 2, SECTION 2, line 20 by striking / 2001 / and inserting / 2002 /.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. HARRISON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 3905 be read the third time tomorrow.
The following Bill was taken up:
H. 4864 (Word version) -- Reps. Sheheen, Altman and Coleman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-5-115 SO AS TO PROVIDE THAT A MAGISTRATE MAY ISSUE A NOTICE FOR TRIAL BASED UPON THE SWORN STATEMENT OF AN AFFIANT WHO IS NOT A LAW ENFORCEMENT OFFICER BUT MAY NOT ISSUE AN ARREST WARRANT IF THE AFFIANT IS NOT A LAW ENFORCEMENT OFFICER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22524CM02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 22-5-115. (A) Notwithstanding another provision of law, a summary court or municipal judge may issue a summons to appear for trial instead of an arrest warrant, based upon a sworn statement of an affiant who is not a law enforcement officer investigating the case if the sworn statement establishes probable cause that the alleged crime was committed. The summons must express adequately the charges against the defendant. If the defendant fails to appear before the court, he may be tried in his absence or a bench warrant may be issued for his arrest. The summons must be served personally upon the defendant.
(B) The Attorney General must design the form containing the summons to appear. The form must include:
(1) an affidavit that establishes probable cause;
(2) a description of the charges against the defendant;
(3) the date, time, and place of the trial;
(4) the name of the issuing officer;
(5) the defendant's and affiant's name, address, and telephone number;
(6) the date and location of the incident; and
(7) notice that the defendant may be tried in his absence or a bench warrant may be issued for his arrest.
(C) A summons issued pursuant to this section must be tracked in the same manner as an arrest warrant." /
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 4864 be read the third time tomorrow.
On motion of Rep. TOWNSEND, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works:
H. 3473 (Word version) -- Reps. J. R. Smith, Neilson, Rodgers, Webb, Keegan, Barfield, Gilham, Miller, Cato, Clyburn, Perry, Rice, Robinson, Sharpe and D. C. Smith: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 19 SO AS TO RENAME THE AIKEN COUNTY COMMISSION FOR TECHNICAL EDUCATION AS THE AIKEN COUNTY COMMISSION FOR TECHNICAL AND COMPREHENSIVE EDUCATION; AND TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, AS AMENDED, 59-53-510, 59-53-515, 59-53-710, 59-53-810, AS AMENDED, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS, CONFORM THE PROVISIONS TO LATER ENACTMENTS, CHANGE THE MANNER IN WHICH MEMBERS OF THE AREA COMMISSION FOR TRIDENT TECHNICAL COLLEGE FROM BERKELEY COUNTY ARE RECOMMENDED FOR APPOINTMENT, DELETE OBSOLETE PROVISIONS, AND MAKE GRAMMATICAL CHANGES.
The Senate amendments to the following Bill were taken up for consideration:
H. 3289 (Word version) -- Reps. Cato, Wilkins, Harrison, Kelley, Barrett, Chellis, Coates, Cooper, Harrell, Hinson, Rice, Sandifer, Sharpe, W. D. Smith, Thompson, Trotter, White, A. Young, Campsen, Altman, Bingham and Edge: A BILL TO AMEND ARTICLE 1, CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-130 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THIS STATE FROM ESTABLISHING, MANDATING, OR OTHERWISE REQUIRING A MINIMUM WAGE THAT EXCEEDS THE FEDERAL MINIMUM WAGE SET PURSUANT TO 29 U.S.C. 206.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 963 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES IMPOSED FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A PERSON CONVICTED OF A FIRST OFFENSE VIOLATION OF THIS OFFENSE.
Rep. HARRISON explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4956 (Word version) -- Reps. Cato, Wilkins, W. D. Smith, Harrison, Harrell, Law, Lee, Riser, G. Brown, White, Talley, Battle, Kelley, Altman, Simrill, Scarborough, Phillips, Tripp, Trotter, Barrett, Dantzler, Bales, J. E. Smith, Lourie, Chellis, Leach, Kirsh, Taylor, Wilder, Barfield, Edge, Hinson, Jennings and Owens: A BILL TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE AND TELEGRAPH COMPANIES, BY ADDING ARTICLE 23 SO AS TO PROVIDE FOR THE MANNER IN WHICH GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS SHALL BE REGULATED AND TAXED, AND TO PROVIDE FOR OTHER PROVISIONS RELATING TO THE OPERATIONS OF THESE GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDERS; BY ADDING SECTION 15-78-65 SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY HAS NO WAIVER OF IMMUNITY FOR A LOSS RESULTING FROM THE PROVIDING OF TELECOMMUNICATIONS SERVICE BY A GOVERNMENT-OWNED TELECOMMUNICATIONS SERVICE PROVIDER UNDER ITS AUTHORITY; AND TO AMEND SECTION 58-5-30, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATIONS BY THE PUBLIC SERVICE COMMISSION, SO AS TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS EXEMPTION.
H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR ISSUANCE OF A TEMPORARY PRODUCER LICENSE, REQUIRE PRODUCER PRE-LICENSING EDUCATION COURSES TO BE REVIEWED BY THE CONTINUING EDUCATION ADVISORY COMMITTEE, ESTABLISH AN ADDITIONAL EXEMPTION FROM PRODUCER CONTINUING EDUCATION REQUIREMENTS, ADD A REINSTATEMENT PROVISION FOR A PRODUCER'S FAILURE TO COMPLY WITH LICENSING REQUIREMENTS, PROVIDE ADDITIONAL OFFENSES FOR WHICH DISCIPLINARY ACTION MAY BE WARRANTED, AND ESTABLISH REPORTING REQUIREMENTS FOR PRODUCERS AGAINST WHOM ADMINISTRATIVE ACTION OR CRIMINAL PROSECUTION HAS BEEN TAKEN.
H. 4222 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 50-13-11, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO PROVIDE THAT ANY PERSON FISHING IN A BOAT IN SALT WATER MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES AS PROVIDED IN THE SECTION.
The following Concurrent Resolution was taken up:
H. 5155 (Word version) -- Rep. Altman: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES REMEMBER THAT FEDERAL JUDGES ARE NOT APPOINTED FOR LIFE, BUT PURSUANT TO THE UNITED STATES CONSTITUTION, ARE APPOINTED DURING "GOOD BEHAVIOR".
Whereas, the members of the General Assembly of the State of South Carolina respectfully remind the United States Congress and the President of the United States that federal judges are not appointed for life, but under Article III, Section 1 of the United States Constitution, they are appointed "... during good behavior ..."; and
Whereas, it is appropriate that the United States Congress and the President of the United States define what "good behavior" of federal judges means; and
Whereas, it is a proper function of the United States Congress and the President of the United States to remove, from time to time, those federal judges as may in their opinion be found to be other than in "good behavior". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina hereby request the United States Congress and the President of the United States to recognize that federal judges are not appointed for life, but pursuant to the United States Constitution, are appointed during "good behavior" and may be removed from office for other than "good behavior" as defined by the United States Congress.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the President of the United States.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5129 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO ENDORSE THE DEPLOYMENT OF THE PREPASS ELECTRONIC PRECLEARANCE SYSTEM IN SOUTH CAROLINA AND TO REQUEST THE DEPARTMENT OF PUBLIC SAFETY TO IMPLEMENT THIS SYSTEM.
Whereas, PrePass electronically identifies subscribing commercial vehicles, verifies state-required operating credentials, and checks both axle and gross weight as trucks bypass designated weigh stations and port-of-entry facilities at highway speed, therefore eliminating the need to stop at weigh stations; and
Whereas, electronic preclearance reduces motor carrier costs, increases manufacturer productivity, and improves highway safety; and
Whereas, the PrePass electronic preclearance system is a system developed and maintained by a nonprofit entity and has been adopted by 23 other states, including several neighboring states; and
Whereas, participation will be strictly voluntary and strictly limited to carriers meeting established safety and credential criteria; and
Whereas, there shall be minimal state deployment and operation costs. Costs are recouped through fees collected from participating motor carriers, rather than funded by diverting highway user and safety enforcement fees; and
Whereas, PrePass policies are the product of a board of directors comprised of an equal number of motor carriers and state officials to ensure the system provides benefits to both parties; and
Whereas, this system is preferable to other similar systems because carriers can participate without initial up-front fees, long-term contracts, or transponder purchase fees; and
Whereas, South Carolina motor carriers strongly support the deployment of PrePass electronic preclearance in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, endorse the deployment of the PrePass electronic preclearance system in South Carolina and request the Department of Public Safety to move forward as quickly as possible to implement this system.
Be it further resolved that a copy of this resolution be forwarded to the Department of Public Safety.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4327 (Word version) -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 41 BYPASS, WHICH CREATES PART OF THE BOUNDARY OF WILLIAMSBURG AND GEORGETOWN COUNTIES, BETWEEN SOUTH CAROLINA HIGHWAY 41 AND HORSEPEN CREEK, "SIMPSON PRICE ROAD" AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THIS DESIGNATION.
Whereas, Mr. Simpson Price, a longstanding resident of Andrews, South Carolina, has lived on South Carolina Highway 41 Bypass since 1938; and
Whereas, he has been an active member of the Andrews community and has provided outstanding leadership and service to many organizations and causes, including the American Legion and the Lion's Club; and
Whereas, Mr. Price, now a widower, is a devoted father, mentor, and friend to his children and large, but close extended family; and
Whereas, the General Assembly is pleased to have the opportunity to honor such an outstanding community leader for his lifetime of contributions to the people of Andrews. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request the Department of Transportation name that portion of South Carolina Highway 41 Bypass, which creates part of the boundary of Williamsburg and Georgetown Counties, between South Carolina Highway 41 and Horsepen Creek, the "Simpson Price Road" and to place appropriate markers or signs on the highway reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4844 (Word version) -- Reps. Davenport, Walker and Allison: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY, MISS SOUTH CAROLINA 2001".
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution, request that the Department of Transportation place appropriate signs containing the words 'Inman, South Carolina Home of Jeanna Raney, Miss South Carolina 2001' at the Town of Inman's town limits where it intersects with United States Highway 176 at both the northside and southside of the town and at South Carolina Highway 292 at both the eastside and westside of the town.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5169 (Word version) -- Reps. Limehouse and Tripp: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS TO PROMPTLY PASS COMPREHENSIVE TRANSPORTATION SECURITY LEGISLATION WHICH PROVIDES THE FEDERAL FRAMEWORK FOR RULES AND PROCEDURES DESIGNED TO ENHANCE SECURITY AT THE NATION'S PORTS, WATERFRONT INDUSTRIAL FACILITIES, AND OTHER TRANSPORTATION-RELATED FACILITIES.
Whereas, the General Assembly acknowledges that, in light of the events of September 11, 2001, security at South Carolina's seaports and other security-sensitive waterfront and transportation facilities must be enhanced; and
Whereas, securing entry points, open storage areas, warehouses, waterfront facilities and controlling the moving of trucks transporting cargo through these areas are all important and should be implemented as soon as practical; and
Whereas, establishing identification procedures for arriving workers and criminal history checks for employees are important tools to deter and prevent port cargo crime, smuggling, and terrorist actions; and
Whereas, the South Carolina State Ports Authority, local maritime transportation industries, and other waterfront industrial facilities have shown foresight and have been working on security plans since well before September 11, but need a federal solution to waterfront facility, transportation worker, and motor carrier driver security requirements; and
Whereas, the General Assembly recognizes that uniformity dictates that the federal government prescribe rules and procedures for states to adopt; and
Whereas, because motor carrier operations are increasingly interstate in nature, they need uniform driver background checks and credentialing requirements by states; and
Whereas, Congress has passed criminal background check requirements for holders of commercial driver's licenses who seek hazardous materials endorsements and are close to enacting a similar requirement for all transportation workers; and
Whereas, federal waterfront, transportation worker, and motor carrier security rules and procedures and criminal background checks for all transportation workers would provide uniform and consistent standards and requirements across the country and, in turn, would greatly enhance our nation's homeland security. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, urges the United States Congress to promptly pass comprehensive transportation security legislation which provides the framework for rules and procedures designed to enhance security at our nation's ports, waterfront industrial facilities, and other transportation-related facilities.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 5026 (Word version) -- Reps. Campsen, Altman, Bingham, R. Brown, Chellis, Cooper, Dantzler, Fleming, Harrell, Limehouse, Merrill, Quinn, Scarborough, Simrill, G. M. Smith, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE, CURRENTLY UNDER CONSTRUCTION, THAT SPANS BREACH INLET BETWEEN SULLIVAN'S ISLAND AND THE ISLE OF PALMS IN CHARLESTON COUNTY ON SOUTH CAROLINA HIGHWAY 703 THE H. L. HUNLEY BRIDGE AND INSTALL APPROPRIATE SIGNS OR MARKERS, SO THAT AS THE PUBLIC PASSES, THEY WILL REMEMBER THE SUBMARINE, THE H.L. HUNLEY, AND THE NINE BRAVE CREW MEN WHO DIED ON BOARD.
Whereas, on February 17, 1864, The H.L. Hunley pushed off from Breach Inlet for its final assault on the Union gunship, U.S.S. Housatonic; and
Whereas, The H.L. Hunley was stationed in the protected waters behind Sullivan's Island under the protection of the Confederate Fort known as Battery Marshall, which was located at the northern end of Sullivan's Island right on Breach Inlet; and
Whereas, Breach Inlet is a narrow inlet that separates the Isle of Palms and Sullivan's Island and is two or three hundred yards wide at it narrowest point. There are often severe tidal currents through the inlet. The crew of the Hunley had to navigate and force their way through the currents of the inlet on their attempts to attack the federal fleet. This war vessel had no periscope, so it had to halt from time-to-time, for a member of the crew to open one of its ports and look out to see if it was still headed in the right direction; and
Whereas, the Hunley thrust a 135 pound torpedo into the stern of the Housatonic, retreated, and detonated the torpedo; and
Whereas, the Hunley accomplished the feat of sinking the Union Navy's largest warship, becoming the first submarine to sink a ship in battle; and
Whereas, a watchman on the shore saw the Hunley shine a blue light, signaling its victory and impending return; however, the submarine disappeared off the shore of Sullivan's Island and was never seen again; and
Whereas, the Hunley's location was a mystery for over one hundred thirty years, until it was discovered in 1995; and
Whereas, it is appropriate that the Department of Transportation name the bridge that spans Breach Inlet in honor and memory of The H.L. Hunley. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request that the Department of Transportation name the bridge, currently under construction, that spans Breach Inlet between Sullivan's Island and the Isle of Palms in Charleston County on South Carolina Highway 703 The H.L. Hunley Bridge and install appropriate signs or markers, so that as the public passes, they will remember the submarine, The H.L. Hunley, and the nine brave crew men who died on board.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. FLEMING moved that the House recur to the Morning Hour, which was agreed to.
The following was received:
Columbia, S.C., April 25, 2002
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 noon today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. W. D. SMITH the invitation was accepted.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1018 (Word version) -- Senator Land: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 15 THAT RUNS THROUGH SILVER IN CLARENDON COUNTY, WHICH IS THE HOMETOWN OF ALTHEA GIBSON, IN HONOR OF ALTHEA GIBSON, A GREAT PIONEER AND CHAMPION IN TENNIS AND GOLF, WHO HAS BROUGHT TREMENDOUS RECOGNITION AND CREDIT TO OUR STATE THROUGH HER OUTSTANDING ACCOMPLISHMENTS.
On motion of Rep. FLEMING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 1018 (Word version) -- Senator Land: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF HIGHWAY 15 THAT RUNS THROUGH SILVER IN CLARENDON COUNTY, WHICH IS THE HOMETOWN OF ALTHEA GIBSON, IN HONOR OF ALTHEA GIBSON, A GREAT PIONEER AND CHAMPION IN TENNIS AND GOLF, WHO HAS BROUGHT TREMENDOUS RECOGNITION AND CREDIT TO OUR STATE THROUGH HER OUTSTANDING ACCOMPLISHMENTS.
Whereas, the members of the General Assembly of the State of South Carolina are proud to recognize such a worthy individual and sports icon as Althea Gibson for her wonderful athletic career and accomplishments; and
Whereas, she is a native of Silver, South Carolina, and has received many honors in sports. She has eleven grand slam tennis titles and has won the United States, French, and Australian championships as well as Wimbledon; and
Whereas, Ms. Gibson is featured in the International Tennis, International Women's Sports, and South Carolina Sports Halls of Fame. She has been on the Wheaties cereal box, the covers of Time Magazine and Sports Illustrated, Bell South's 2002 Calendar for South Carolina African-Americans, and appears on the South Carolina African-American monument; and
Whereas, Althea Gibson was named the Female Athlete of the Year by the Associated Press in 1957 and 1958, was named one of the Top 100 Athletes of the Twentieth Century by ESPN, and was ranked as the number one tennis player in the world in 1957; and
Whereas, it is with great pride and admiration that the members of the General Assembly request that the Department of Transportation name the portion of Highway 15 that runs through Silver in Clarendon County in honor of Althea Gibson. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, request that the Department of Transportation name the portion of Highway 15 that runs through her hometown of Silver in Clarendon County in honor of Althea Gibson, a great pioneer and champion in tennis and golf, who has brought tremendous recognition and credit to our State through her outstanding accomplishments, and further request that the department install appropriate markers or signs on the highway so that as the public passes, they will be reminded of Althea Gibson's distinguished athletic career and outstanding accomplishments.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5192 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND THE YMCA OF GREENVILLE FOR ITS PROGRAMS AND PRINCIPLES THAT TOUCH THE LIVES OF SO MANY IN ITS COMMUNITY AND TO PROUDLY RECOGNIZE THE NEWEST MEMBER OF THE GREENVILLE YMCAS -- THE GEORGE I. THEISEN NORTH GREENVILLE BRANCH YMCA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5193 (Word version) -- Reps. Harvin, Kennedy and Snow: A CONCURRENT RESOLUTION TO HONOR AND TO EXPRESS SINCERE GRATITUDE TO DR. JOHN F. CLARK III OF COLUMBIA FOR HIS UNTIRING, DEDICATED, AND ENTHUSIASTIC SERVICE AS A TRUSTEE FOR THE COLLEGE OF CHARLESTON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5194 (Word version) -- Reps. Townsend, Barrett, Sharpe and Martin: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF TRANSPORTATION HONOR THE MOTOR VEHICLE MAXIMUM LENGTH LIMITATIONS PERMITTED BY THE STATES OF NORTH CAROLINA AND GEORGIA, RESPECTIVELY, UPON MOTOR VEHICLES THAT DISPLAY FARM TRUCK LICENSE PLATES FROM THOSE STATES.
Referred to Committee on Invitations and Memorial Resolutions
The following was introduced:
H. 5197 (Word version) -- Rep. Limehouse: A CONCURRENT RESOLUTION TO STRONGLY ENCOURAGE JOHNSON & WALES UNIVERSITY TO RETAIN ITS CAMPUS IN CHARLESTON, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5198 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE 2002 DUTCH FORK HIGH SCHOOL SAT TEAM, THE TEAM COACHES, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE 2002 CLASS AAAA SAT COMPETITION.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the 2002 Dutch Fork High School SAT Team, the team coaches, and other school officials at a time and date to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the 2002 Class AAAA SAT Competition.
The Resolution was adopted.
The following was introduced:
H. 5199 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL SAT TEAM-2002, THE TEAM COACHES, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE 2002 CLASS AA SAT STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the Chapin High School SAT Team-2002, the team coaches, and other school officials at a time and date to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the 2002 Class AA SAT State Championship.
The Resolution was adopted.
The following was introduced:
H. 5200 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE DUTCH FORK HIGH SCHOOL CHEERLEADING TEAM OF LEXINGTON AND RICHLAND COUNTIES, THE TEAM COACHES, AND OTHER SCHOOL OFFICIALS AT A TIME AND DATE TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING ITS THIRD STRAIGHT AAAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the South Carolina House of Representatives to the Dutch Fork High School Cheerleading Team of Lexington and Richland Counties, the team coaches, and other school officials at a time and date to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning its third straight AAAA State Championship.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5195 (Word version) -- Reps. Sinclair, Allison, Davenport, Lee, Littlejohn, W. D. Smith, Talley and Walker: A BILL TO AMEND ACT 769 OF 1973, RELATING TO THE CREATION OF THE REIDVILLE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THE BOARD OF FIRE CONTROL AND STAGGER THEIR TERMS .
On motion of Rep. SINCLAIR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5196 (Word version) -- Reps. Klauber, Carnell and Parks: A BILL TO AUTHORIZE THE GOVERNING BODY OF GREENWOOD COUNTY TO CONVERT A SUBDISTRICT CREATED UNDER THE PROVISIONS OF ACT 441 OF 1959, WHICH CREATED THE GREENWOOD METROPOLITAN DISTRICT, TO A SPECIAL TAX DISTRICT, TRANSFER ALL ASSETS AND LIABILITIES OF A SUBDISTRICT TO THE SPECIAL TAX DISTRICT, DISSOLVE THE TAX DISTRICT AT THE REQUEST OF ITS COMMISSIONERS, AND REFUND CERTAIN EXCESS AMOUNTS OF MONIES TO THE TAXPAYERS WHO OWN PROPERTY IN THE DISTRICT.
On motion of Rep. KLAUBER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following Bill was taken up:
H. 4989 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 16-3-26, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER AND NOTICE TO DEFENSE ATTORNEYS OF A SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, SO AS TO PROVIDE THAT, WHENEVER NOTICE IS GIVEN TO A DEFENSE ATTORNEY OF THE SOLICITOR'S INTENT TO SEEK THE DEATH PENALTY, THE SOLICITOR MUST ALSO GIVE NOTICE OF INTENT TO SEEK THE DEATH PENALTY TO THE COURT ADMINISTRATOR OF THIS STATE; AND TO AMEND TITLE 14, RELATING TO COURTS, BY ADDING CHAPTER 29 SO AS TO PROVIDE GENERAL PROVISIONS FOR COURT ADMINISTRATION INCLUDING PROVISIONS RELATING TO SOLICITORS PROVIDING NOTICE OF INTENTION TO SEEK THE DEATH PENALTY IN CERTAIN CASES AND THE REPORTING OF CERTAIN STATISTICAL INFORMATION TO THE OFFICE OF THE COURT ADMINISTRATOR RELATING TO CRIME TO ENABLE ACCURATE RECORDKEEPING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22519CM02), which was adopted:
Amend the bill, as and if amended, Section 16-3-26(A)(2), as contained in SECTION 1, page 2, by inserting before the / . / on line 4 / , and to the Commission on Indigent Defense /
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that H. 4989 be read the third time tomorrow.
The following Bill was taken up:
H. 5105 (Word version) -- Reps. Cato and A. Young: A BILL TO AMEND CHAPTER 10, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY BY ADDING ARTICLE 7 SO AS TO ENACT THE "MOTORIST INSURANCE IDENTIFICATION DATABASE PROGRAM ACT", AND TO PROVIDE THAT MOTORIST INSURANCE IDENTIFICATION DATA MUST BE COMPILED IN A DATABASE TO BE USED WHEN COMPLIANCE WITH THE STATE'S MOTOR VEHICLE FINANCIAL SECURITY REQUIREMENTS MUST BE VERIFIED; TO AMEND SECTION 56-10-553, RELATING TO THE COLLECTION OF CERTAIN DATA BY THE DEPARTMENT OF PUBLIC SAFETY THROUGH THE USE OF RANDOM SAMPLING, SO AS TO ELIMINATE THE RANDOM SAMPLING PROCEDURE; TO AMEND SECTION 56-10-40, AS AMENDED, RELATING TO THE REQUIREMENT THAT PROVIDERS OF LIABILITY INSURANCE AND PROVIDERS OF SECURITY IN LIEU OF LIABILITY INSURANCE MUST NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF THE LAPSE OR TERMINATION OF AN INSURANCE POLICY OR SECURITY IT HAS ISSUED, AND THAT PROVIDES THAT THE DEPARTMENT MUST NOTIFY THE PERSON WHOSE INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURANCE PROVIDER MUST NOTIFY THE DEPARTMENT WHEN AN INSURANCE POLICY OR SECURITY HAS LAPSED OR HAS BEEN TERMINATED; TO AMEND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENT THAT AN UNINSURED MOTOR VEHICLE MUST BE INSURED WITHIN A SPECIFIC PERIOD OF TIME OR THE OWNER MUST SURRENDER ITS REGISTRATION AND LICENSE PLATE, SO AS TO REVISE THE PROCEDURE IN WHICH AN INSURER SHALL NOTIFY THE DEPARTMENT OF PUBLIC SAFETY WHEN AN INSURED'S MOTOR VEHICLE BECOMES AN UNINSURED MOTOR VEHICLE, AND PROVIDE THAT AN INSURER MUST NOTIFY THE DEPARTMENT OF ALL FIRST TIME AND RENEWAL POLICIES IT ISSUES, TO DELETE A PROVISION THAT REQUIRES THE FORWARDING OF SURRENDERED LICENSE PLATES TO THE DEPARTMENT OF REVENUE, AND TO DELETE THE FIVE DOLLAR REINSTATEMENT FEE ASSESSED AGAINST A PERSON WHO VOLUNTARILY SURRENDERS HIS LICENSE PLATE AND REGISTRATION CERTIFICATE BEFORE THEY ARE SUSPENDED UNDER CERTAIN CIRCUMSTANCES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22532CM02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 10, Title 56 of the 1976 Code is amended by adding:
Section 56-10-610. This article may be cited as the 'Motorist Insurance Database Program Act'.
Section 56-10-620. As used in this article, unless the context otherwise requires:
(1) 'Contractor' means designated agent or the party with which the division contracts pursuant to Section 56-10-640.
(2) 'Database' means the motorist insurance database described in Section 56-10-640.
(3) 'Department' means the Department of Public Safety.
(4) 'Division' means the Motor Vehicles Division in the Department of Public Safety.
(5) 'Program' means the motorist insurance database program created in Section 56-10-640.
Section 56-10-630. (A) The General Assembly finds that the purpose of this article is to help reduce the uninsured motorist population in this State and to measure the effectiveness of the motorist insurance database established pursuant to this article.
(B) The General Assembly further recognizes that the information and data required to be disclosed by insurers in creating and maintaining the motorist insurance database is proprietary in nature. Accordingly, the parties handling this information and data must at all times maintain its confidential and proprietary nature.
(C) The motorist insurance database program is created for the purpose of establishing a database to use when verifying compliance with the motor vehicle financial security requirements in this chapter.
Section 56-10-640. (A)(1) The motorist insurance database program shall be administered by the division. Pursuant to the South Carolina Consolidated Procurement Code, the division may contract with a contractor who may provide a system of transmitting data from insurance companies. The division must solicit and receive at least two bids on the contract before awarding the contract.
(2) The department shall convene a working group chaired by the director of the division or his designee for the purpose of facilitating the implementation of the program, assisting in development of regulations, and coordinating a testing phase, and necessary changes identified in this testing phase, as prescribed by the working group. The working group shall consist of five representatives of the insurance industry appointed by the Director of the Department of Insurance. The working group shall also consist of the Director of the Department of Insurance, or his designee, the Director of the Motor Vehicles Division, or his designee, and any contractor. The working group shall issue a report to the Motor Vehicles Division and the Department of Insurance twelve months after the program is implemented to evaluate the program's effectiveness in identifying uninsured motorists. The working group may issue recommendations for database enhancements.
(B) The Motor Vehicles Division shall develop, in a manner prescribed by the department, a system to allow the transmission of data from insurance companies to the division.
(C) The department, with input from the Department of Insurance, shall promulgate regulations for administering and enforcing this article. The regulations shall specify the requirements that are necessary and appropriate for commercial lines of insurance, as defined in Title 38, which shall be developed with input by the Department of Insurance.
(D) The division for a fee prescribed and promulgated by regulation, shall make available to insurers by subscription a monthly electronic list of newly-licensed drivers. This list must not be used for marketing, solicitation, or another purpose not specifically enumerated here. It may only be used to provide an additional method to reduce the uninsured motorist population. This monthly list of newly-licensed drivers must show the: name and gender of the driver, address, date of birth, South Carolina driver's license number, and, if available, insurance information provided in the liability certification portion of the application for a driver's license. This information may be used for:
(1) determining if a newly-licensed driver is insured;
(2) assigning a newly-licensed driver to the proper automobile insurance policy for rating purposes; and
(3) ordering a motor vehicle report on a newly-licensed driver.
Section 56-10-650. (A) If the database indicates that a motor vehicle is not insured or if the division receives notification as prescribed by regulation that a vehicle may not be insured, the division shall notify the owner of the motor vehicle that he has forty-five days to provide the division with one of the following, or the owner's license plates will be subject to suspension:
(1) proof of complying coverage in accordance with Section 56-10-10 or 56-10-220, or of self-insurance in accordance with Section 56-9-60; or
(2) proof of exemption from the financial security requirements.
(B) Verification in a manner prescribed by regulation from an insurer or agent verifying that the person had the required motor vehicle insurance coverage on the date specified is considered proof of financial responsibility for purposes of this section.
(C) The provisions of this section take effect no later than one hundred eighty days after certification by the department as provided in Section 10.
Section 56-10-660. (A) The division, for a fee as prescribed and promulgated by regulation, shall disclose an individual's reported database information upon request by the following individuals and agencies only:
(1) the individual;
(2) the parent or legal guardian of an individual who is an unemancipated minor;
(3) the legal guardian of an individual who is legally incapacitated;
(4) any person who has power of attorney from the individual;
(5) any person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;
(6) any person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in Section 56-9-351;
(7) the office of the state auditor, for the purpose of conducting any audit authorized by law;
(8) any state or local government agency investigating, litigating, or enforcing the person's compliance with the financial security requirements; or
(9) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse.
(B) The funds collected from this fee described by subsection (A) shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.
(C) The State is not liable to any person for gathering, managing, or using information in the database pursuant to this article.
(D) No insurer is liable to any person for performing its duties under this article unless, and to the extent, the insurer commits a wilful and wanton act or omission.
(E) Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the division, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to this subsection shall be placed by the Comptroller General into a special restricted account to be used by the department to defray expenses of the division.
Section 56-10-670. This article shall not supersede other actions or penalties that may be taken or imposed for violation of the financial security requirements of this chapter."
SECTION 2. Section 56-10-553 of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"Section 56-10-553. (A) The Department of Public Safety must collect data and maintain statistics on the total number of vehicles registered in the State as of June thirtieth of each year, the number of motorists who voluntarily paid the five hundred and fifty dollar fee at the time of registration during the fiscal year, the number of motorists who paid the penalty fee after being detected by the Department of Public Safety as being uninsured during the fiscal year, the number of certificates of insurance filed during the fiscal year, the net revenue collections for these fees by the fiscal year, the net funds available in the Uninsured Motorist Fund, and the net funds received from the Department of Insurance from the uninsured motorist fee during the fiscal year.
(B) The Department of Public Safety must implement programs designed to ensure full compliance with the financial responsibility laws. These programs must include random sampling of licensed drivers with moving violations requesting proof of insurance. Other programs may be added.
(C) The Department of Public Safety must on a daily basis select a computerized random sample of five hundred of the registered vehicles in the State and mail to each owner a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the department. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle is uninsured, and vehicles determined to be uninsured under this section are subject to the provisions of state law dealing with uninsured vehicles.
(D) The Department of Public Safety must provide an annual report to the General Assembly and the Department of Insurance containing the information required in subsections (A) and (B) of this section."
SECTION 3. Section 56-10-225 of the 1976 Code, as last amended by Act 90 of 2001, is further amended to read:
"Section 56-10-225. (A) A person whose application for registration and licensing of a motor vehicle has been approved by the department must maintain in the motor vehicle at all times proof that the motor vehicle is an insured vehicle in conformity with the laws of this State and Section 56-10-510.
(B) The owner of a motor vehicle must maintain proof of financial responsibility in the motor vehicle at all times, and it must be displayed upon demand of a police officer or any other person duly authorized by law.
(C) A person who fails to maintain the proof of insurance in his motor vehicle as required by subsection (A) is guilty of a misdemeanor and, upon conviction, is subject to the same punishment as provided by law for failure of the person driving or in control of a motor vehicle to carry the vehicle registration card and to display the registration card upon demand. However, a charge of failing to maintain proof that a motor vehicle is insured must be dismissed if the person provides proof to the court that the motor vehicle was insured at the time of the violation to the court within seven days of being charged with a violation of the provision contained in subsection (A) on the date of the violation. Upon notice of conviction, the department shall suspend the owner's driver's license until satisfactory proof of insurance is provided. If at any time the department determines that the vehicle was without insurance coverage, the owner's registration and driving privileges will be suspended pursuant to Section 56-10-520. A person failing to maintain in his vehicle the proof required pursuant to subsection (A), within thirty days of being cited for this failure, shall provide proof of insurance or have his driver's license suspended until satisfactory proof is provided. Further, this proof must be provided every quarter for one year after being cited for driving without proof of liability insurance. Failure to provide this proof when required shall cause his driver's license to be suspended until satisfactory proof is provided.
(D) The penalties provided in subsection (C) are in addition to, and not in lieu of, any other penalty, of whatever nature, provided by law for failing to act as required in subsection (A)."
SECTION 4. Section 56-10-520 of the 1976 Code, as added by Act 154 of 1997, is amended to read:
"Section 56-10-520. A person who owns an uninsured motor vehicle:
(1) licensed in the State; or
(2) subject to registration in the State;
who operates or permits the operation of that motor vehicle without first having paid to the director the uninsured motor vehicle fee required by Section 56-10-510, to be disposed of as provided by Section 56-10-550, shall be is guilty of a misdemeanor.
A person who is the operator of such an uninsured motor vehicle and not the titled owner, who knows that the required fee has not been paid to the director, shall be is guilty of a misdemeanor and, upon conviction, must: for a first offense be fined no less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days; for a second offense be fined two hundred dollars or imprisoned for thirty days, or both; or for a third or subsequent offense must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section.
The director or his designee, having reason to believe that a motor vehicle is being operated or has been operated on any specified date, may require the owner of such motor vehicle to submit the certificate of insurance provided for by Section 56-10-510. The refusal or neglect of the owner who has not, before the date of operation, paid the uninsured motor vehicle fee required by Section 56-10-510 as to such motor vehicle, to furnish such certificate must be prima facie evidence that the motor vehicle was an uninsured motor vehicle at the time of such operation. A person who presents or causes to be presented to the director a false certificate that a motor vehicle is an insured motor vehicle or false evidence that a motor vehicle sought to be registered is an insured motor vehicle, is guilty of a misdemeanor and, upon conviction, must be fined pursuant to Section 56-10-260.
However, the foregoing portions of this section must not be applicable if it is established that the owner had good cause to believe and did believe that such motor vehicle was an insured motor vehicle, in which event the provisions of Section 56-10-245 must be applicable.
Abstracts of records of conviction, as defined in this title, of any violation of any of the provisions of this section must be forwarded to the director as prescribed by Section 56-9-330. The director shall suspend the driver's license and all registration certificates and license plates of any titled owner of an uninsured motor vehicle upon receiving a record of his conviction of a notice of a violation of any provisions of this section, and he the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such person until such person pays the fee applicable to the registration of an uninsured motor vehicle as prescribed in Section 56-10-510 and furnishes proof of future financial responsibility as prescribed by this section. Notice of such suspension shall be made in the form provided for in Section 56-1-465. However, when three years have elapsed from the date of the suspension herein required proof was required, the director may relieve such the person of the requirement of furnishing proof of future financial responsibility. When such the suspension results from a conviction for presenting or causing to be presented to the director a false certificate as to whether a motor vehicle is an insured motor vehicle or false evidence that any motor vehicle sought to be registered is insured, then the director shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of such the person so convicted for a period of one hundred eighty days from the date of such the order of suspension, and only then when all other provisions of law have been complied with by such the person. The director shall suspend the driver's license of any person who is the operator but not the titled owner of a motor vehicle upon receiving a record of his conviction of a notice of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license until thirty days from the date of such the order of suspension."
SECTION 5. Section 56-10-40 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the director or his designee in lieu of such insurance shall immediately notify the department in a manner prescribed by regulation of the lapse or termination of any such insurance or security during the immediately preceding month as prescribed by regulation. issued to or provided for a resident of this State in the following circumstances: This notification must be made in a manner prescribed by the working group.
(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or
(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.
This notification must be in writing or magnetic media in a manner considered satisfactory to the department. Upon receipt of any such notice the department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."
SECTION 6. Section 56-10-240 of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If an automobile liability insurance premium is not paid within five working days after the last day to pay the premium, whether it is the premium due date or a grace period that is granted customarily or contractually, a motor vehicle is an uninsured motor vehicle, and the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew if the lapse or termination of such insurance or security occurs within three months of issuance, provided that this subsection only applies to new policies, and not renewal or replacement policies.
(B) The department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation, of or refusal to renew, new policies written, and renewals to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the department, and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue office in the county where the person who surrenders the plates resides.
(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only not be charged a reinstatement fee of five dollars.
(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;
(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;
(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.
(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."
SECTION 7. The 1976 Code is amended by adding:
"Section 56-10-46. A person responding to the notice contained in Section 56-10-40 who purchased insurance after receiving the notice shall have his motor vehicle record noted to indicate that he will be subject to regular requests for proof of insurance from the Motor Vehicles Division. The person shall be required to provide proof of coverage as prescribed by regulation every seven months for a period of three years."
SECTION 8. The 1976 Code is amended by adding:
"Section 56-10-615. The Motor Vehicles Division shall obtain information from insurers regarding cancellations of automobile insurance policies. The division shall request proof of insurance from persons identified by the Motorist Insurance Database. A person who fails to respond to the division must be penalized as provided in Article 5 of this chapter."
SECTION 9. Section 38-73-470 of the 1976 Code is amended to read:
"Section 38-73-470. One dollar Two dollars of the yearly premium for uninsured motorist coverage is directed to be paid to the South Carolina Department of Public Safety to be placed on deposit with the State Treasurer in the 'Uninsured Enforcement Fund', payable on a quarterly basis, to provide for the costs of enforcing and administering the provisions of Article 3, Chapter 10, Title 56. Of the two dollars collected, eighty cents must be distributed to the South Carolina Highway Patrol and one dollar twenty cents must be distributed to the Motor Vehicles Division. Interest earned by the 'Uninsured Fund' must be retained by that fund. There is no requirement for an insurer or an agent to offer underinsured motorist coverage at limits less than the statutorily required bodily injury or property damage limits."
SECTION 10. Section 56-10-270 of the 1976 Code is repealed.
SECTION 11. Section 56-3-220 of the 1976 Code is repealed.
SECTION 12. This act takes effect July 1, 2002; provided, however, that Sections 5, 6, and 9 are effective one hundred eighty days after the latter of certification by the department to the President Pro Tempore of the Senate and the Speaker of the House of Representatives that the program has been implemented and is fully prepared to accept data transmitted by the insurers or publication of final regulations by the department. /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
Rep. PERRY made the Point of Order that the Bill was 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.
The following Bill was taken up:
H. 4713 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-5-560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORONER OR MEDICAL EXAMINER, OR THEIR DEPUTIES, CERTIFYING THE CAUSE OF DEATH ON DEATH CERTIFICATES, SO AS TO REQUIRE THEM TO COMPLETE THE CERTIFICATE RATHER THAN TO COMPLETE AND SIGN THE CERTIFICATE; AND TO AMEND SECTION 44-63-40, RELATING TO STATE AND COUNTY REGISTRARS AND CERTAIN DUTIES ASCRIBED TO THEM CONCERNING VITAL RECORDS, SO AS TO REQUIRE REPORTS OF BIRTH, DEATH, AND FETAL DEATH TO BE TRANSMITTED TO THE STATE REGISTRAR RATHER THAN FILED WITH THE COUNTY REGISTRAR.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11635AC02), which was adopted:
Amend the bill, as and if amended, Section 17-5-560(B), page 1, line 39 after /and sign/ by inserting/ with written or electronic signatures, or both,/. so when amended Section 17-5-560(B) reads:
/(B) The coroner or medical examiner must shall, at the time of releasing a body to a funeral director or person acting as such a funeral director, or as soon as practical thereafter after releasing the body, execute and sign with written or electronic signatures, or both, the medical certification of the cause of death on the prescribed form.
Amend the bill further, Section 17-5-560(C), page 2, line 4, by deleting /cause of death certificate/ and inserting /certificate cause of death/; on line 4 after /completed/ by inserting /with written or electronic signatures/; and beginning on line 9 by deleting /, over his signature, forward/ and inserting /, over his signature, forward certify/. So when amended, Section 17-5-560(C) reads:
/(C) In any case where autopsy is scheduled and the coroner or medical examiner wishes to await its gross findings to confirm a tentative clinical finding, the coroner or medical examiner must shall give the funeral director notice as to when he expects to have the medical data necessary for the certification of cause of death. If the certificate cause of death cannot be signed completed with written or electronic signatures within the prescribed time set forth, the coroner or medical examiner must shall indicate that the cause of death is pending and sign the certification certify accordingly. Immediately after the medical data necessary for determining the cause of death has been made known, the coroner or medical examiner must shall, over his signature, forward certify the cause of death to the registrar and notify the funeral director involved that such this action has been taken./
Amend the bill further, by deleting Section 44-63-40 and inserting:
/"Section 44-63-40. The State Registrar shall appoint the chief administrative officer of each county health department as the county registrar. All persons in the county required by law to file reports of birth, death, and fetal death shall forward these reports to the county registrar transmit these reports to the State Registrar as required by agency policy. The county registrar may appoint a deputy registrar who is vested with the right to carry on the duties of the office. The county registrar and deputy registrar shall carry out the duties formerly carried out by local registrars without additional compensation. The county registrar shall appoint a subregistrar for each hospital, nursing home, and other institution as required within the county whose duty it is to issue Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing homes, and other institutions. The county registrar shall require the coroner of the county to issue Burial-Removal-Transit Permits for deaths occurring outside hospitals, nursing homes, or other institutions."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WEEKS explained the amendment.
The amendment was then adopted.
Rep. SANDIFER made the Point of Order that the Bill was 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.
The following Bill was taken up:
H. 5101 (Word version) -- Reps. Talley, Bingham, Weeks and Littlejohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-235 SO AS TO PROHIBIT THE DISPENSING OF OPHTHALMIC LENSES WITHOUT HAVING FIRST OBTAINED A VALID, UNEXPIRED PRESCRIPTION OR ORDER FOR THE LENSES FROM A LICENSED OPTOMETRIST OR LICENSED PHYSICIAN, SURGEON, OR OSTEOPATH AND PROVIDE A PENALTY FOR VIOLATION, AND TO INCLUDE WITHIN THE DEFINITION OF OPHTHALMIC LENS A CONTACT LENS WITH OR WITHOUT POWER.
Rep. G. BROWN made the Point of Order that the Bill was 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.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 5106 (Word version) -- Reps. Parks, Breeland, Whipper, Clyburn, Moody-Lawrence, Harrison, Lloyd, J. Hines, Weeks, Allen, Allison, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Carnell, Cato, Cobb-Hunter, Coleman, Freeman, Frye, Gilham, Gourdine, Govan, Harrell, Haskins, Hayes, M. Hines, Hosey, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Koon, Leach, Lee, Lourie, Lucas, Mack, Martin, McGee, McLeod, Meacham-Richardson, Miller, J. H. Neal, Neilson, Ott, Perry, Quinn, Rhoad, Rodgers, Rutherford, Scott, Sheheen, Simrill, F. N. Smith, J. E. Smith, W. D. Smith, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Walker, Wilder and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-97 SO AS TO EXEMPT A TEAM PHYSICIAN LICENSED IN ANOTHER STATE FOR LICENSURE IN THIS STATE IF THE PHYSICIAN IS EMPLOYED OR DESIGNATED AS THE TEAM PHYSICIAN FOR A TEAM VISITING THIS STATE AND THE PHYSICIAN ONLY TREATS THE TEAM MEMBERS, COACHES, AND STAFF.
Rep. PARKS explained the Bill.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 5106 be read the third time tomorrow.
The following Joint Resolution was taken up:
S. 1010 (Word version) -- Senators Fair, Glover, Verdin, Ryberg, Giese, Anderson, Alexander, Pinckney, Branton, Short, Thomas, Martin, Ford, Patterson and Gregory: A JOINT RESOLUTION TO ESTABLISH THE TASK FORCE ON CORRECTIONS AND PROVIDE ITS MEMBERSHIP AND DUTIES AND TO PROVIDE FOR IT TO MAKE A REPORT WITH RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AFTER WHICH THE TASK FORCE TERMINATES.
Rep. FLEMING made the Point of Order that the Joint Resolution was 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.
The following Bill was taken up:
S. 1131 (Word version) -- Senators Patterson, Giese, Courson and Jackson: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT, IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Rep. J. BROWN made the Point of Order that the Bill was 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.
The following Bill was taken up:
H. 4411 (Word version) -- Reps. J. R. Smith, Altman, Walker, Clyburn and McLeod: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID TO BE PLACED ON LICENSE PLATES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22520CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 55 of 2001, is further amended to read:
"(A) A license plates plate must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate, but at least every six years. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Public Safety for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. A license plates plate issued for a vehicles vehicle in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates plate. A license plates plate issued as permanent may be revalidated and replaced at intervals determined by the department.
Beginning with the newly designed standard license plates issued after January 1, 2003, a standard license plate must display the name of the county in which the vehicle is registered and property tax is paid. The county treasurer's office must distribute to a person a county-name decal with his paid property tax receipt when he pays the property tax on a vehicle. The person must place the county-name decal on the standard license plate issued to him by the Department of Public Safety. The department must produce and furnish the county-name decals to the county treasurers' offices for distribution."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. STUART explained the amendment.
The amendment was then adopted.
Rep. PERRY made the Point of Order that the Bill was 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.
The following Bill was taken up:
H. 4954 (Word version) -- Reps. Townsend, Martin, W. D. Smith, Gilham, J. Hines, Huggins, Lloyd, Lourie, Miller, J. H. Neal, J. M. Neal, D. C. Smith, Stille, Stuart, Walker and Webb: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TRAFFIC ALONG THE STATE'S HIGHWAYS, BY ADDING ARTICLE 26 SO AS TO DEFINE, ESTABLISH PROVISIONS REGULATING THE OPERATION OF, AND PROVIDE PENALTIES FOR THE ILLEGAL OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\ 22522CM02), which was adopted:
Amend the bill, as and if amended, Section 56-5-3310(O), as contained in SECTION 1, page 4, by striking Section (O) and inserting:
/ (O) An EPAMD must not be used to carry more persons than it is designed and equipped to carry. /
Amend the bill further, Section 56-5-3310(Q), as contained in SECTION 1, page 4, by striking / brake / on line 17 and inserting /stopping mechanism/ and by striking / Section 56-5-3515 / on line 23, and inserting / subsection (R) /.
When amended, Section 56-5-3310(Q) shall read:
/ (Q) An EPAMD must be equipped with a stopping mechanism which will enable the operator to bring the EPAMD to a controlled stop. A person shall not operate an EPAMD unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet. However, an EPAMD must not be equipped with, nor shall a person use, a siren or whistle on an EPAMD, except as provided in subsection (R). An EPAMD when in use at nighttime must be equipped with a lamp on the front which must emit a white light visible from a distance of at least five hundred feet to the front and with front, rear, and side reflectors which must be visible from at least three hundred feet. /
Amend title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4954 be read the third time tomorrow.
Rep. TOWNSEND moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.
At 12:00 noon the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R260, S. 182 (Word version)) -- Senators Hawkins, Ritchie, Reese and Branton: AN ACT TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SENTENCING PROCEEDING TO DETERMINE WHETHER A PERSON CONVICTED OF MURDER SHOULD BE SENTENCED TO DEATH, SO AS TO PROVIDE THAT THE MURDER OF A FORMER FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT OFFICER, OR CERTAIN CURRENT OR FORMER CORRECTIONS OFFICERS IS A STATUTORY AGGRAVATING CIRCUMSTANCE, TO SUBSTITUTE THE TERM "CORRECTIONS OFFICER" FOR THE TERM "CORRECTIONS EMPLOYEE"; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE A DEFINITION FOR THE TERM "DAMAGE"; TO AMEND SECTION 40-80-20, RELATING TO THE REQUIREMENT THAT A PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK BEFORE HE MAY BE EMPLOYED AS A FIREFIGHTER, SO AS TO REVISE THE CONDITIONS UPON WHICH A FIREFIGHTER OR PROSPECTIVE FIREFIGHTER MUST UNDERGO A CRIMINAL BACKGROUND CHECK AND MAY NOT PERFORM FIREFIGHTING DUTIES; AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS NOT REQUIRED TO IMPLEMENT CERTAIN PROVISIONS PERTAINING TO THE COMPULSORY PROCESS FOR OBTAINING WITNESSES UNTIL THE GENERAL ASSEMBLY FUNDS THE PROGRAM.
(R261, S. 204 (Word version)) -- Senators Hawkins and Richardson: AN ACT TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2002" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION, TO DEFINE CERTAIN TERMS, TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS, TO PROHIBIT A PERSON OR PRIVATE ENTITY FROM USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A RESIDENT OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THESE PROVISIONS; AND TO AMEND SECTION 44-37-30, RELATING TO TESTING OF NEWBORN BLOOD SAMPLES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO SPECIFY THAT THESE BLOOD SAMPLES ARE CONFIDENTIAL, TO PROVIDE THAT THE PARENTS OR GUARDIAN OF THE CHILD, OR THE CHILD AFTER REACHING AGE EIGHTEEN, SHALL DIRECT, ON FORMS PROVIDED BY THE DEPARTMENT, WHETHER THE SAMPLE MAY BE USED FOR ANONYMOUS STUDIES, RETURNED, OR DESTROYED, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R262, S. 439 (Word version)) -- Senators J. V. Smith, Leatherman and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-161 SO AS TO PROVIDE FOR THE LOWERING OF FLAGS FLOWN ATOP THE STATE CAPITOL BUILDING ON MEMORIAL DAY AND ON THE DAY ON WHICH FUNERAL SERVICES ARE HELD FOR CERTAIN PUBLIC OFFICIALS, AND TO DEFINE HALF-STAFF.
(R263, S. 868 (Word version)) -- Senator Leatherman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-133-60 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY TO ENTER INTO GROUND LEASE AGREEMENTS WITH PRIVATE ENTITIES FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF CERTAIN CAMPUS STUDENT HOUSING FACILITIES INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THE GROUND LEASE AGREEMENTS INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD.
(R264, S. 982 (Word version)) -- Senator Thomas: AN ACT TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
(R265, S. 986 (Word version)) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE TASK FORCE, TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, AND STAFFING, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE FEBRUARY 15, 2003, AND TO ABOLISH THE TASK FORCE UPON SUBMISSION OF ITS REPORT.
(R266, S. 1123 (Word version)) -- Senators Mescher and Kuhn: AN ACT TO AMEND ACT 518 OF 1982, AS AMENDED, RELATING TO THE BERKELEY COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE BOARD SHALL CONSIST OF NINE MEMBERS WHO SHALL BE ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS BEGINNING IN 2002, TO PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD SO ELECTED, AND TO PROVIDE FOR OTHER PROCEDURAL MATTERS IN REGARD TO THE ELECTION OF THESE MEMBERS.
(R267, S. 1177 (Word version)) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R268, S. 1187 (Word version)) -- Senators Rankin and Elliott: A JOINT RESOLUTION TO PROVIDE THAT JANUARY 4, 2002, MISSED BY THE STUDENTS IN HORRY COUNTY SCHOOL SYSTEM WHEN SCHOOL WAS CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R269, S. 1210 (Word version)) -- Senator Moore: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR EDGEFIELD COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR EDGEFIELD COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE EDGEFIELD COUNTY ELECTION COMMISSION AND THE EDGEFIELD COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW EDGEFIELD COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
(R270, H. 3163 (Word version)) -- Reps. Wilkins, Jennings, Campsen, Wilder, Whatley, Coates, Cobb-Hunter, Owens, Altman, Lourie, McLeod, Bowers, Robinson, Simrill, J.E. Smith, Harrell and Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535 SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" TO PROVIDE AN INCOME TAX CREDIT OF TEN PERCENT OF THE EXPENDITURES THAT QUALIFY FOR A FEDERAL TAX CREDIT TO REHABILITATE A HISTORIC STRUCTURE; TO PROVIDE AN INCOME TAX CREDIT OF TWENTY-FIVE PERCENT OF THE EXPENDITURES TO REHABILITATE A HISTORIC STRUCTURE THAT DOES NOT QUALIFY FOR A FEDERAL TAX CREDIT; TO REQUIRE THE CREDIT TO BE TAKEN OVER A FIVE-YEAR PERIOD BEGINNING WITH THE YEAR THE REHABILITATION OF THE STRUCTURE IS COMPLETE; TO AUTHORIZE THE DEPARTMENT OF REVENUE TO PROMULGATE REGULATIONS FOR THE ADMINISTRATION OF THIS SECTION; AND TO PROVIDE FOR APPEALS.
(R271, H. 3623 (Word version)) -- Reps. Allison, Townsend and Robinson: AN ACT TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES FOR PURPOSES OF THE SECTION ALSO INCLUDE MOBILE TELEPHONES AND TO REVISE THE MANNER IN WHICH POSSESSION OF THESE PAGING DEVICES AT SCHOOL ARE REGULATED BY PROVIDING THAT THE BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT SHALL ADOPT A POLICY THAT ADDRESSES STUDENT POSSESSION OF PAGING DEVICES, TO PROVIDE THAT THIS POLICY MUST BE INCLUDED IN THE DISTRICT'S WRITTEN STUDENT CONDUCT STANDARDS, AND TO PROVIDE THAT, IF THE POLICY INCLUDES CONFISCATION OF A PAGING DEVICE, IT SHOULD ALSO PROVIDE FOR THE RETURN OF THE DEVICE TO THE OWNER.
(R272, H. 3706 (Word version)) -- Reps. Loftis, Knotts, Simrill, Whatley, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Bingham, Bowers, J. Brown, Campsen, Cato, Chellis, Coates, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gilham, Hamilton, Harrell, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Kirsh, Klauber, Koon, Law, Leach, Limehouse, Littlejohn, Lucas, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J.M. Neal, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scarborough, Sinclair, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, White, Witherspoon, A. Young and J. Young: AN ACT TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE REQUIREMENTS, NOTICE CONTENTS, AND INFORMATION TO BE PROVIDED TO THE GENERAL ASSEMBLY IN CONNECTION WITH THE PROMULGATION AND REVIEW OF REGULATIONS, SO AS TO REQUIRE THE AGENCY PROMULGATING THE REGULATION TO INCLUDE THE LOCATION WHERE A PERSON COULD OBTAIN FROM THE AGENCY A DETAILED STATEMENT OF RATIONALE STATING THE BASIS FOR THE REGULATION INCLUDING THE SCIENTIFIC OR TECHNICAL BASIS FOR THE REGULATION AND STUDIES, REPORTS, POLICIES, OR STATEMENTS OF PROFESSIONAL JUDGMENT OR ADMINISTRATIVE NEED RELIED UPON IN DEVELOPING THE REGULATIONS.
(R273, H. 3838 (Word version)) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J.M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G.M. Smith, J.E. Smith, J.R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY A FARM PRODUCT, RESEARCH FACILITY, OR RESEARCH EQUIPMENT USED FOR TESTING OR RESEARCH IN CONJUNCTION OR COORDINATION WITH A PRIVATE RESEARCH ENTITY, A UNIVERSITY, OR ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R274, H. 3867 (Word version)) -- Reps. Limehouse, Altman, Breeland, R. Brown, Campsen, Scarborough and Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-195 SO AS TO NAME THE I-526 BRIDGE AND INTERCHANGE THAT SPAN U.S. HIGHWAY 17 AND U.S. HIGHWAY 7 IN CHARLESTON COUNTY AS THE "BOB HARRELL BRIDGE AND INTERCHANGE" IN HONOR OF THIS DISTINGUISHED SOUTH CAROLINIAN.
(R275, H. 4598 (Word version)) -- Reps. Campsen, Lourie and Scott: AN ACT TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM PRUDENT INVESTOR ACT, SO AS TO PROVIDE THAT INVESTMENTS IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS ARE ALLOWED BY THE PRUDENT INVESTOR RULE IF THE INVESTMENTS MEET THE CRITERIA OF THE RULE; AND TO AMEND SECTION 62-7-405, AS AMENDED, RELATING TO DISTRIBUTIONS AT THE END OF A TRUST, SO AS TO PROVIDE FOR DISTRIBUTION OF A PECUNIARY INTEREST OUTRIGHT.
(R276, H. 4615 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO PROVIDE THAT THE FILING FEE FOR REQUESTING AN ADMINISTRATIVE HEARING TO CHALLENGE A DRIVER'S LICENSE SUSPENSION FOR REFUSAL TO SUBMIT TO A BREATH TEST OR REGISTERING AN ALCOHOL CONCENTRATION GREATER THAN THE EXISTING LAWFUL LIMIT IS FIFTY DOLLARS.
(R277, H. 4652 (Word version)) -- Reps. Lourie, Bales, Harrison, J.E. Smith, Hosey, J.H. Neal, Bingham, Talley, Thompson, Howard, Sheheen and Townsend: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLES 92 AND 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE IN GOD WE TRUST SPECIAL LICENSE PLATES AND UNITED WE STAND SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
(R278, H. 4680 (Word version)) -- Reps. Talley and Lourie: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 91 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE SOUTH CAROLINA TECHNOLOGY ALLIANCE SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
(R279, H. 4692 (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 REQUIREMENTS FOR LIMITED LICENSE, LIMITED LICENSING FOR COMPLETION OF FIFTH PATHWAY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2664, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R280, H. 4728 (Word version)) -- Reps. Owens, Knotts, Whatley, G.M. Smith, W.D. Smith, Allison, Bales, Barfield, Barrett, Coates, Coleman, Delleney, Frye, Gilham, Harrison, Huggins, Kelley, Koon, Limehouse, Littlejohn, Lourie, Lucas, Martin, McGee, Quinn, Rivers, Robinson, Rutherford, Sandifer, Scarborough, Sinclair, D.C. Smith, J.E. Smith, J.R. Smith, Talley, Thompson, Walker, Weeks, White, A. Young and McLeod: AN ACT TO AMEND SECTION 24-13-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL THROWING OF BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY BY AN INMATE, AND THE PENALTIES IMPOSED UPON A PERSON WHO VIOLATES THE PROVISIONS CONTAINED IN THIS SECTION, SO AS TO PROVIDE THAT IN ADDITION TO AN INMATE, THIS PROVISION ALSO APPLIES TO A DETAINEE, A PERSON TAKEN INTO CUSTODY, OR A PERSON UNDER ARREST WHO THROWS CERTAIN BODY FLUIDS ON AN EMPLOYEE OF A STATE OR LOCAL CORRECTIONAL FACILITY, OR A STATE OR LOCAL LAW ENFORCEMENT OFFICER, A VISITOR OF A CORRECTIONAL FACILITY, OR ANY OTHER PERSON AUTHORIZED TO BE PRESENT IN A CORRECTIONAL FACILITY IN AN OFFICIAL CAPACITY, TO PROVIDE THAT A PERSON ACCUSED OF A CRIME AS CONTAINED IN THIS SECTION MAY BE TESTED FOR CERTAIN DISEASES UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO CERTAIN PATIENTS.
(R281, H. 5004 (Word version)) -- Reps. Coates and McGee: AN ACT TO AMEND A JOINT RESOLUTION OF 2002, BEARING RATIFICATION NUMBER 221, RELATING TO A REFERENDUM ON SCHOOL FINANCE TO BE HELD IN FLORENCE COUNTY SCHOOL DISTRICT ONE, SO AS TO CHANGE THE DATE OF THE REFERENDUM TO A PERIOD NO EARLIER THAN THE THIRD TUESDAY FOLLOWING RECEIPT OF OFFICIAL NOTICE OF PRECLEARANCE UNDER THE VOTING RIGHTS ACT AND NO LATER THAN JANUARY 1, 2003, TO PROVIDE SPECIAL NOTICE REQUIREMENTS, TO SPECIFY THE REFERENDUM QUESTION, TO MAKE OTHER GRAMMATICAL CHANGES, AND TO REVISE THE DATE FOR THE BOARD OF TRUSTEES OF THE DISTRICT TO SUBMIT ITS ANNUAL BUDGET TO THE COUNTY AUDITOR.
(R282, H. 5005 (Word version)) -- Reps. Knotts, Bingham, Riser, Stuart, Koon, Frye and Huggins: AN ACT TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
At 12:15 p.m. the House, in accordance with the motion of Rep. FREEMAN, adjourned in memory of Elizabeth "Libby" Eddins of Chesterfield, to meet at 10:00 a.m. tomorrow.
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