Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the Prophet Isaiah gives us a few words upon which to ponder (7:15):
"He shall eat curds and honey by the time he knows how to refuse the evil and choose the good."
Let us pray.
Father, we are getting on a fast track. We must make decisions on the run. Time for study and reflection is running low.
Help us to know how to refuse the evil and choose the good.
Give us such insights that will enable us to look beneath the surface waves and pressures and discern the fundamental issues that are at stake.
Amidst the beauty of another springtime, give us voices to praise Your Holy Name.
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following appointments were transmitted by the Honorable Mark C. Sanford:
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2000, and to expire July 1, 2004
4th Congressional District
Karen Kanes Floyd, The Palladian Group, 113 West Main Street, Spartanburg, S.C. 29302 VICE Joab M. Lesesne
Referred to the Committee on Fish, Game and Forestry.
Reappointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 2004, and to expire July 1, 2008
4th Congressional District
Karen Kanes Floyd, The Palladian Group, 113 West Main Street, Spartanburg, S.C. 29302
Referred to the Committee on Fish, Game and Forestry.
Reappointment, Board of Trustees of the Children's Trust Fund of South Carolina, with term to commence June 30, 2004, and to expire June 30, 2008
2nd Congressional District
Virginia A. Allen, P. O. Box 1042, Aiken, S.C. 29802
Referred to the Committee on Judiciary.
The following was received and referred to the appropriate committee for consideration:
Document No. 2900
Agency: Board of Education
SUBJECT: Student Attendance
Received by Lieutenant Governor April 15, 2004
Referred to Education Committee
Legislative Review Expiration August 13, 2004
(Subject to Sine Die Revision)
Senator SETZLER introduced Dr. David Gatti of Columbia, S.C., Doctor of the Day.
At 12:20 P.M., Senator FORD requested a leave of absence beginning at 6:00 P.M. today and lasting until 11:35 A.M. tomorrow morning.
At 12:20 P.M., Senator FORD requested a leave of absence beginning at 6:00 P.M. Wednesday and lasting until 11:00 A.M. Thursday morning.
At 12:20 P.M., Senator FORD requested a leave of absence beginning at 6:00 P.M. Thursday and lasting until 12:00 P.M. Tuesday morning.
On motion of Senator CROMER, with unanimous consent, the following remarks by Senator McCONNELL were ordered printed in the Journal:
We are here today to honor eight men whose lives and deaths have created an amazing legacy. It is a legacy that will serve to inspire the world for generations to come.
The legacy began on February 17, 1864, on a cold winter's night. These eight men took the first steps from their lodgings to Battery Marshall on Sullivan's Island, to the place where the H. L. Hunley was docked, awaiting their arrival.
The steps they took along that path continue to echo down the corridors of time. Their steps launched a journey we continue today.
As they walked the short distance to the sea, before the sun would rise again, these eight men would change the world.
The poet, Henry Longfellow wrote a passage that carries special meaning for us. He wrote...
the... "Lives of great men remind us
we can make our lives sublime
and departing leave behind us
footprints on the sands of time;
Footprints, that perhaps another,
sailing o'er life's solemn main,
a forlorn and shipwrecked brother,
seeing, shall take heart again.
The crew members who walked toward their destiny that night were young men in the prime of life... a band of brothers... filled with hope for the future.
We can only wonder what thoughts filled their minds. Most, probably, were thinking of their families -- their hearts filled with love for their loved ones and the homes they dreamed of returning to at war's end.
As they walked through the night, they must have glanced at each other. They must have studied the faces, the expressions, the bearing, of their comrades. To all appearances, these were normal men -- ready to perform a task.
They had to know the stakes were high. They had to know that the risk they were taking was extreme. But, they probably did not imagine that the footprints they were making along that path that night would leave such a large and permanent imprint on the sands of time.
One hundred and forty years ago, this city was in shock. Charleston was under siege, isolated by military blockades, constantly rocked by enemy fire. The misery, the suffering and the fear that gripped the city was palpable.
Not one of these eight men came from this city. In fact, none of them were from South Carolina. Most were not native southerners. Half were not even born in America. And yet, these men volunteered to board an experimental and dangerous craft to save this city from destruction. They began a journey into the darkness in order to give light to those they left behind.
By today's standards, the eight men of the Hunley were mostly slight in build. And yet, they carried the weight of this city on their shoulders as they launched a desperate effort to defend the people of Charleston. Confidence, bravery and faith led them on, crank by crank, on what would be more than they knew -- the long journey home. Their mortal remains would disappear into the darkness and for 136 years, their corpses would rest silently in a watery grave beneath the ocean's foam.
Then, on August 8, 2000, at approximately 8:35 A.M., 136 years after they began their mission, they would lift off the bottom of the Atlantic Ocean, still in their duty stations, and begin again the long journey home. For the world and for them, the long wait was over. As they approached the ground they sought to defend, those who knew them in person were gone, but those who knew them in spirit were waiting. The empty days of wait had passed to a crowded day of homecoming and appreciation. What was once a military secret had
Today, we repay that debt of their carrying the burdens of our city on their shoulders by carrying each of them on ours.
Until this time, one hundred and forty years after their sacrifice, these men were mostly anonymous to us. We knew a few of their names, but none of their faces. The facts of their lives were shrouded in mystery.
Today, at this place and at this time, we can meet them. We can say, "hello," even as we say "goodbye."
First, there was the Commander, George Dixon.
As he walked along the path to Breach Inlet that night, his thoughts probably focused on his duties. The success or failure of the mission was in his charge. But, he probably also wondered what his love, Queenie Bennett, was doing that night. Chances are, he hoped the successful completion of this mission might mean he would see her again soon. He probably hoped she was praying for him and that she would not worry too much about his safety.
Of one thing we can be certain: he was checking his left pocket, tenderly caressing the 20 dollar gold piece he always kept there. It was his life preserver, the gift she had given him for good luck. He derived comfort from the hope that the coin would help him through the next few hours, protecting him from harm, just as it had at the Battle of Shiloh.
George Dixon knew he had assembled an extraordinary crew, a crew he described in a letter as the best he had ever seen.
Walking with him that night was Joseph Ridgaway, the second in command. Joseph was a 28-year old native of Maryland with much experience on ships. Walking close by, Dixon could see James Wicks, a true veteran of naval conflicts. Wicks had served in the United States Navy for 20 years before joining the Confederacy. Ridgeway and Wicks, both 5'10" tall, were also both experienced at sea. They could be counted on to handle the rear ballast tank valve, the pump, and the flywheel brake, all critical assignments for the mission at hand.
As the crew walked through the night, Dixon could also see Arnold Becker, a 19-year old seaman, the youngest member of the team. Born in Germany, still speaking with a thick accent, Becker had worked as a riverboat sailor and served on a number of boats, including the Indian Chief. At 5' 5 1/2", Becker could easily slip into the operation of the bellows to bring fresh air into the underwater craft soon to be known as the first successful submarine in the world.
Walking with Becker was another European, a sailor named C. Simpkins, who had also served on the Indian Chief. At 44 years of age, standing 5'10," Simpkins could be counted in to help keep the power in the crank.
Dixon, Ridgaway, Wicks, Becker and Simpkins were joined that night by three others. One was Frank Collins, a 23-year old seaman who stood a full six feet tall. Confident and powerful, Collins had also served on the Indian Chief.
The final two men who walked down the path to the sea were Corporal Carlson and Private Miller.
Carlson had a background in the German light artillery. Miller was an infantryman. Both were tough and well-prepared to turn the cranks that would power the Hunley on its secret journey.
When they arrived at Breach Inlet that night, all eight climbed into the belly of the Hunley, manned their stations and slipped away into the darkness of the sea. We know they kept their appointment with history that night. We know that the courage and the heroism they brought to their mission rose to the level of legend. Because of what they achieved that night, maritime history and the technology mankind uses to conquer the sea changed on our planet for all time.
But, the world has never been given an opportunity to honor these men until today. And, it is for that purpose that so many Americans, and so many people from around the world, have gathered here today for this solemn occasion. By inexplicably failing to return home, we are reminded of the unpredictability of life and our own mortality. In the solemn remembrance of them, we are reminded of the possibilities that exist because of our communion with God.
A wise priest once said that the best homily that could ever be preached is written by a life well-lived. That is the lives of the crew of the Hunley.
who saw duty and did it,
who saw danger and confronted it,
who saw truth and followed it,
who saw love and embraced it,
who saw need and satisfied it,
who saw home and defended it,
who saw faith and followed it.
These were men, by the journey of their lives and their adherence to faith, pointed us in the direction of greatness.
They have taught us that life is a precious gift from God that we should cherish each day. They have reminded us that death is but a
As an article of faith, I believe the eight men of the Hunley are watching over us today. With the help of God, who is the Alpha and the Omega, the beginning and the end, they have been returned to us, and from the old there is the new.
When we lifted the Hunley from the sea... when we brought her lovingly back to this city... and even as we continue to tell her story and to preserve her dignity for all time... I believe the spirit of these eight men has been with us and will continue to be with us. In these moments, we are uplifted by the eternal truth that the spirit is greater than the flesh and in death there is life.
Today, we contemplate the steps they took 140 years ago -- the steps that led them from the safety of their lodgings to their incredible sacrifice and ultimately to their appointment with destiny. We are together with them on the last leg of the journey home, sharing the memories of their loss and sharing their success. In God's grace, for them and for us, it is not the end but the beginning. We take pride in their bravery and we marvel at their inventiveness. We see their images and sense in our memories their closeness even though time has provided us great distance. And, like old friends, we grieve at their deaths.
Those quiet footsteps, taken so long ago on February 17, 1864, are now honored and magnified on this occasion by the thankful thunder of the thousands of new footsteps, of men and women from all over the world, who have come to this place to honor these eight extraordinary pioneers. We are reminded in the Gospel that on the first Easter an angel spoke to Mary and said, "Why do you seek the living amongst the dead?" We need to heed that reminder. They are not here in those coffins. They have gone ahead. Thus, let them be our compass -- not our sorrow -- for they point us to immortality. Our emotions thus become ones of appreciation, not sadness.
Welcome home. Thank you for your courage. Thank you for your achievement. Your journey is now complete. You know all that you lost and all that you won. Your lasting legacy becomes a reminder that freedom did not come easy for any generation of Americans and that for freedom to endure for generations to come, faith and courage like that exhibited by the men of the Hunley must be made time and again until the end of time.
And, those of us still living make this solemn pledge: for so long as we live, we shall not forget you, and we will let your legacy inspire us to do such great works that we also may hear from the supreme commander of the Hunley on our last day, "well done."
So, to Lt. George E. Dixon and Seaman Arnold Becker, Quartermaster C. Simpkins, Seaman Frank G. Collins, Corporal J. F. Carlson, Private J. Miller, Boatswain Mate James A. Wicks, and Quartermaster Joseph Ridgaway -- goodbye until we meet again.
God bless your souls. God bless us all. And, God bless America.
On motion of Senator McCONNELL, with unanimous consent, the Senate agreed that, when the Senate adjourns today, it stand adjourned to meet at 11:45 A.M. on Wednesday, April 21, 2004, for the purpose of the invocation and the Pledge of Allegiance; that the Senate would then recede for the purpose of attending the Joint Assembly and, upon the conclusion of the Joint Assembly, the Senate would stand in recess until 2:30 P.M.
At 12:10 P.M., Senator McCONNELL asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
The following were introduced:
S. 1169 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE AMANDA REEVES AND HER FAMILY FOR BEING NAMED THE 2004 NATIONAL AMBASSADOR FAMILY FOR THE MARCH OF DIMES AND TO COMMEND THE REEVES FAMILY FOR TRAVELING THE COUNTRY TO SHARE THEIR STORY AND TO PROMOTE AWARENESS OF PREMATURE BIRTH.
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The Concurrent Resolution was adopted, ordered sent to the House.
S. 1170 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
Read the first time and referred to the Committee on Finance.
S. 1171 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-800 SO AS TO PROVIDE A COMPARATIVE SAMPLES PROCEDURE FOR A PERSON WHO HAS BEEN CONVICTED AND SENTENCED FOR A FELONY TO HAVE ANY EVIDENCE THAT IS IN THE POSSESSION OR CONTROL OF THE STATE THAT IS RELATED TO THE INVESTIGATION OR PROSECUTION THAT RESULTED IN HIS CONVICTION TO UNDERGO DEOXYRIBONUCLEIC ACID TESTING THAT MAY LEAD TO THE RECONSIDERATION OF THE CONVICTION.
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Read the first time and referred to the Committee on Judiciary.
S. 1172 (Word version) -- Senator Land: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SENATE OF THE STATE OF SOUTH CAROLINA ON THE DEATH OF WALTER S. RICHBOURG OF MANNING AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
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The Senate Resolution was adopted.
S. 1173 (Word version) -- Senator Ritchie: A JOINT RESOLUTION TO AUTHORIZE THE CITY OF SPARTANBURG TO RELOCATE A STATUE OF REVOLUTIONARY WAR HERO GENERAL DANIEL
Read the first time and, on motion of Senator RITCHIE, with unanimous consent, S. 1173 was ordered placed on the Calendar without reference.
S. 1174 (Word version) -- Senators Sheheen, Kuhn, Knotts and Malloy: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.
Read the first time and referred to the Committee on Transportation.
S. 1175 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2157 SO AS TO PROVIDE THAT THE DRIVER OF ANY RECREATIONAL VEHICLE IS NOT REQUIRED TO POSSESS A COMMERCIAL DRIVER'S LICENSE.
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Read the first time and referred to the Committee on Transportation.
S. 1176 (Word version) -- Senator Waldrep: A CONCURRENT RESOLUTION TO CELEBRATE THURSDAY, APRIL 22, 2004, AS EARTH DAY AND TO OBSERVE THE UNITED STATES ARMY'S EARTH DAY MESSAGE OF "PRESERVING THE ENVIRONMENT WHILE PROTECTING OUR FREEDOM", WHICH RECOGNIZES THE VALUE OF OUR ENVIRONMENT AND REMINDS US THAT MEMBERS OF THE ARMY ARE THE GUARDIANS OF FREEDOM.
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On motion of Senator MOORE, with unanimous consent, the Concurrent Resolution was introduced and ordered placed on the Calendar without reference.
S. 1177 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-170 SO AS TO PROVIDE A PROCEDURE FOR CUSTODIAL INTERROGATIONS IN CRIMINAL CASES, TO DEFINE THE TERMS "WRITTEN STATEMENT", "CUSTODIAL INTERROGATION", "FELONY", AND "PLACE OF DETENTION", TO PROVIDE THAT CUSTODIAL INTERROGATIONS MUST BE VIDEO AND AUDIO TAPED, TO PROVIDE THAT THE PERSON INTERROGATED MUST BE GIVEN CERTAIN WARNINGS BEFORE GIVING A STATEMENT, TO MANDATE THE PRESERVATION OF ALL RECORDINGS UNTIL FINAL ADJUDICATION, TO PROVIDE FOR INTERPRETATION OF THE WARNINGS TO THE DEAF, TO PROVIDE THAT SPONTANEOUS UTTERANCES MUST BE RECORDED BY THE LAW ENFORCEMENT OFFICER TO WHOM THE UTTERANCE WAS MADE, AND TO PROVIDE THAT A STATEMENT NOT
Read the first time and referred to the Committee on Judiciary.
S. 1178 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 17 SO AS TO ENACT THE "EYEWITNESS IDENTIFICATION OF SUSPECTS ACT", TO ESTABLISH GUIDELINES FOR PHOTOGRAPHIC AND LIVE LINEUPS, TO PROVIDE PROCEDURES FOR THE INVESTIGATOR TO FOLLOW IN PRESENTING LIVE, PHOTO, SIMULTANEOUS PHOTO, SEQUENTIAL PHOTO, SIMULTANEOUS LIVE, AND SEQUENTIAL LIVE LINEUPS, TO PROVIDE INSTRUCTIONS THAT MUST BE GIVEN TO THE WITNESS OF A CRIME AND ENSURE THE WITNESS UNDERSTANDS THE PURPOSE OF THE IDENTIFICATION PROCEDURE IS TO CLEAR THE INNOCENT AND IDENTIFY THE ACTUAL PERPETRATOR, AND TO REQUIRE THE DOCUMENTATION AND RECORDING OF IDENTIFICATION RESULTS IN WRITING.
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Read the first time and referred to the Committee on Judiciary.
S. 1179 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-115 SO AS TO PROVIDE A PROCEDURE FOR THE GRANTING OF A NEW TRIAL BASED ON AFTER-DISCOVERED EVIDENCE.
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Read the first time and referred to the Committee on Judiciary.
H. 4261 (Word version) -- Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M. A. Pitts, Richardson, Sandifer, J. R. Smith and Taylor: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO REMOVE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FROM THE CATEGORY OF OFFICERS WHO MAY BE REMOVED ONLY FOR CAUSE, AND TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE
Read the first time and referred to the Committee on Judiciary.
H. 4262 (Word version) -- Reps. Neilson, Barfield, Bales, Cobb-Hunter, Clyburn, Martin, J. Hines, Rutherford, J. Brown, Hosey, Hayes, J. E. Smith, Altman, Anthony, Bailey, Battle, Branham, Emory, Freeman, Harvin, M. Hines, Keegan, Kennedy, Koon, Leach, Rhoad, Richardson, Rivers, Scarborough, Simrill, J. R. Smith, Snow, Thompson, Young, Walker, Clemmons, Lourie, Sandifer, Owens, Clark, Weeks, McLeod, Whipper, Allen and Jennings: A BILL TO AMEND CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH A STATE TRAUMA CARE SYSTEM TO ENSURE PROVISION OF TRAUMA SERVICES TO RESIDENTS THROUGHOUT THE STATE; TO PROVIDE, AMONG OTHER THINGS, THAT THE DEPARTMENT MAY ESTABLISH STANDARDS FOR LEVELS OF TRAUMA CENTER DESIGNATIONS AND TO PROVIDE FOR THE FURTHER REGULATION OF SUCH CENTERS; TO ESTABLISH THE TRAUMA ADVISORY COUNCIL TO ADVISE THE DEPARTMENT ON THE DEVELOPMENT OF THE TRAUMA CARE SYSTEM; AND TO ESTABLISH THE TRAUMA CARE FUND FOR PAYMENT OF THE DEPARTMENT'S EXPENSES IN ESTABLISHING ADMINISTERING, AND OVERSEEING THE STATE TRAUMA CARE SYSTEM.
Read the first time and, on motion of Senator PEELER, with unanimous consent, H. 4262 was ordered placed on the Calendar without reference.
Senator PEELER spoke on the Bill.
On motion of Senator PEELER, with unanimous consent, H. 4262 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4465 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIFTY
Read the first time and referred to the Committee on Finance.
H. 4527 (Word version) -- Reps. M. A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.
Read the first time and referred to the Committee on Finance.
H. 4712 (Word version) -- Rep. Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-31-170 SO AS TO PROVIDE TRAINING AND EXPERIENCE REQUIREMENTS THAT A COUNSELOR FOR THE STATE AGENCY OF VOCATIONAL REHABILITATION SHALL MEET.
Read the first time and referred to the Committee on Medical Affairs.
H. 4731 (Word version) -- Reps. Howard, Bales, J. Brown, Cotty, Harrison, Lourie, J. H. Neal, Parks, Quinn, Rutherford, Scott and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-850 SO AS TO DEFINE THE TERM "FUNERAL PROCESSION", AND TO PROVIDE FOR THE DUTIES OF OPERATORS OF VEHICLES IN A FUNERAL PROCESSION AND NOT IN A FUNERAL PROCESSION.
Read the first time and referred to the Committee on Transportation.
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Kennedy, Harvin, Lee, J. H. Neal, Jennings, Lourie, Ott, Weeks, Coleman and Whipper:
Read the first time and referred to the Committee on Judiciary.
H. 4740 (Word version) -- Reps. Miller, Hayes, J. E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE BARRIERS AND HAZARDS IDENTIFIED, TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL FORM A COORDINATING COMMITTEE AND EACH SCHOOL SHALL FORM A SAFE ROUTES TO SCHOOL TEAM TO PERFORM SPECIFIED FUNCTIONS IN REGARD TO SAFE PEDESTRIAN AND BICYCLE ROUTES TO SCHOOL, AND TO PROVIDE THAT THE FIRST WEDNESDAY OF OCTOBER OF EACH YEAR IS DESIGNATED AS "WALK YOUR CHILD TO SCHOOL/BIKE TO SCHOOL DAY" IN EACH SCHOOL DISTRICT OF THIS STATE.
Read the first time and referred to the Committee on Education.
H. 4790 (Word version) -- Reps. Merrill, Hinson, Harrison, Quinn, McLeod, J. E. Smith, Herbkersman, Lourie, Bingham, Scarborough, Young, E. H.
Read the first time and referred to the Committee on Judiciary.
H. 4791 (Word version) -- Rep. White: A BILL TO AMEND SECTION 59-101-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION OF RISKS OF CONTRACTING CERTAIN DISEASES IF LIVING ON CAMPUS, SO AS TO CONFORM THE SECTION TO FEDERAL AND STATE PUBLISHED IMMUNIZATION RECOMMENDATIONS.
Read the first time and referred to the Committee on Education.
H. 4796 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE CONTENTS OF THE AGREEMENT A THIRD PARTY MUST ENTER INTO WITH THE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO ADMINISTER THE COMMERCIAL DRIVER'S LICENSE SKILLS TEST; TO AMEND SECTION 56-1-2100, AS AMENDED,
Read the first time and referred to the Committee on Transportation.
H. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J. E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J. H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F. N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
Read the first time and referred to the Committee on Education.
H. 4963 (Word version) -- Reps. Harrell, Mack and Neilson: A BILL TO AMEND SECTIONS 9-8-10, 9-8-50, 9-8-60, AS AMENDED, AND 9-8-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, CREDITED SERVICE, RETIREMENT AND RETIREMENT ALLOWANCES, AND MEMBERS' CONTRIBUTIONS FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DEFINE "EARNED SERVICE" FOR PURPOSES OF THIS SYSTEM, PROVIDE THE TYPE AND AMOUNT OF SERVICE CREDIT THAT MAY BE ESTABLISHED IN THIS SYSTEM AND THE COST REQUIRED TO ESTABLISH SERVICE CREDIT, PROVIDE THE OPTIONS AVAILABLE TO A MEMBER WHO TERMINATES SERVICE BEFORE RETIREMENT, PROVIDE THE AMOUNT OF EARNED SERVICE NECESSARY FOR A MEMBER OF THIS SYSTEM TO VEST AND RECEIVE A MONTHLY RETIREMENT BENEFIT, CONFORM THE SERVICE REQUIREMENTS FOR RECEIVING A MONTHLY RETIREMENT ALLOWANCE TO THESE REVISIONS, AND INCREASE MEMBER CONTRIBUTIONS FROM SEVEN TO TEN PERCENT OF COMPENSATION PHASED IN OVER THREE YEARS.
Read the first time and referred to the Committee on Finance.
H. 4971 (Word version) -- Reps. Harrell, Quinn, Clyburn, Davenport, Edge, Rice, Neilson, Cobb-Hunter and Whipper: A JOINT RESOLUTION TO ESTABLISH THE SOUTH CAROLINA COMMISSION ON HEALTH CARE ACCESS, TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND FUNCTIONS OF THE COMMISSION, AND TO PROVIDE THAT THE COMMISSION IS DISSOLVED JUNE 30, 2007, OR AT THE CONCLUSION OF ITS WORK, WHICHEVER OCCURS EARLIER.
Read the first time and referred to the Committee on Medical Affairs.
H. 5020 (Word version) -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
Read the first time and referred to the Committee on Medical Affairs.
H. 5112 (Word version) -- Reps. Miller and Snow: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN GEORGETOWN COUNTY AND TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
Read the first time and, on motion of Senator McGILL, with unanimous consent, H. 5112 was ordered placed on the Calendar without reference.
H. 5144 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO CONGRATULATE THE TWENTY-ONE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2004 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 949 (Word version) -- Senators Leatherman and Ford: A BILL TO AMEND SECTION 40-57-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF REAL ESTATE BROKERS-IN-CHARGE AND MANAGERS-IN-CHARGE, POLICIES, AND RECORDKEEPING, SO AS TO, AMONG OTHER THINGS, FURTHER SPECIFY PROCEDURES FOR HANDLING CHECKS RECEIVED AS ESCROW OR SECURITY DEPOSITS FOR SALES OR LEASE AGREEMENTS AND PROCEDURES FOR MARKETING LISTINGS BY COMPANIES THAT ARE MEMBERS OF A MULTIPLE LISTING SERVICE; TO AUTHORIZE REAL ESTATE LICENSEES TO USE PUBLIC INFORMATION TO CONTACT INDIVIDUALS BY TELEPHONE, MAIL, OR
The House returned the Bill with amendments.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1047 (Word version) -- Senators Alexander, Mescher, Moore, Martin, Hayes, O'Dell and Waldrep: A CONCURRENT RESOLUTION TO URGE PRESIDENT GEORGE W. BUSH AND HIS ADMINISTRATION TO TAKE CERTAIN ACTIONS TO PROHIBIT OR REDUCE THE PRACTICE OF INTERNATIONAL CURRENCY MANIPULATION.
Returned with concurrence.
Received as information.
S. 356 (Word version) -- Senator Hutto: A BILL TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
The House returned the Bill with amendments.
The Senate proceeded to a consideration of the Bill, the question being concurrence in the House amendments.
Senator McCONNELL was recognized.
On motion of Senator MARTIN, the Bill was carried over, with Senator McCONNELL retaining the floor.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 4572 (Word version) -- Reps. Battle, M. Hines, Richardson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-694 SO AS TO DESIGNATE THE SOUTH CAROLINA TOBACCO MUSEUM IN THE CITY OF MULLINS AS THE OFFICIAL TOBACCO MUSEUM OF THE STATE.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA,
S. 570 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF FINANCIAL IDENTITY FRAUD, SO AS TO ELIMINATE AS AN ELEMENT OF FINANCIAL IDENTITY FRAUD A PERSON'S INTENT TO UNLAWFULLY APPROPRIATE THE FINANCIAL RESOURCES OF A PERSON TO HIS OWN USE OR THE USE OF A THIRD PARTY, AND TO ADD INSTEAD THE REQUIREMENT OF "KNOWINGLY AND WILFULLY"; AND TO ADD SECTION 16-13-515, SO AS TO PROHIBIT THE PRINTING OF MORE THAN THE LAST FIVE DIGITS OF A CREDIT CARD OR DEBIT CARD NUMBER ON A RECEIPT BY AN ENTITY WHICH ACCEPTS CREDIT CARDS OR DEBIT CARDS FOR THE TRANSACTION OF BUSINESS.
S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.
S. 814 (Word version) -- Senators Alexander and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-755 SO AS TO PROHIBIT THE SALE OF RETAIL MERCURY FEVER THERMOMETERS AND PROVIDE THAT A VIOLATION IS A MISDEMEANOR.
S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 773 (Word version) -- Senator Hayes: A BILL TO ENACT THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT BY ADDING ARTICLE 35 TO CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ADOPT A UNIFORM ACT REVISING PROCEDURES FOR ESTABLISHING AND ENFORCING CHILD CUSTODY AND VISITATION WHEN ONE OF THE PARTIES RESIDES IN THIS STATE AND THE OTHER DOES NOT; AND TO REPEAL SUBARTICLE 2, ARTICLE 9, CHAPTER 7, TITLE 20 RELATING TO THE UNIFORM CHILD CUSTODY JURISDICTION ACT.
Senator RITCHIE explained the Bill.
S. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
Senator THOMAS asked unanimous consent to withdraw the committee amendment.
There was no objection.
The committee amendment was withdrawn.
Senator SHORT proposed the following amendment (DKA\ 3889DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 73, Title 38 of the 1976 Code is amended by adding:
Property and Casualty Insurance Personal Lines Modernization Act
Section 38-73-210. This article is known as the Property and Casualty Insurance Personal Lines Modernization Act and applies only to personal lines insurance.
Section 38-73-220. (A) Except as provided in subsection (B), overall average rate level increases or decreases, for all coverages combined, of seven percent above or below the insurer's rates then in effect may take effect without prior approval on a file and use basis with respect to rates for fire, allied lines, and homeowner's insurance policies. The seven percent cap does not apply on an individual insured basis.
(B) Notwithstanding any other provisions of this article, for any policies governed by this section, filings that produce rate level changes within the limitation specified in subsection (A) become effective without prior approval. No more than two rate increases within the limitation specified in subsection (A) may be implemented during any twelve-month period and the second rate increase filing in the twelve-month period is subject to prior approval.
(C) A rate increase or decrease falling within the limitation in subsection (B) may become effective not less than thirty days after the date of the filing with the director. The filing is considered to meet the requirements of this article. If the director finds that this filing is not in compliance with this article, he shall issue a written order specifying in detail the provisions with which the insurer has not complied and state
(D) Rate filings falling outside the limitation specified in subsection (B) are subject to the prior approval of the director. The director shall approve or disapprove these filings in accordance with the provisions of Sections 38-73-960 and 38-73-990.
Section 38-73-230. (A) The director may declare a line of insurance competitive by providing public notice on the department website and in major newspapers in South Carolina of the intention of declaring a market competitive in sixty days. A separate notice must be sent to the Consumer Advocate. A report that provides the support for that declaration must be available upon request and posted on the department's website. Separate notice must be sent to the Consumer Advocate. A party may send a request to the department requesting a public hearing before the Administrative Law Judge Division. If a public hearing is requested, the department shall cooperate in establishing a hearing.
(B) The following factors must be considered by the director for purposes of determining if a reasonable degree of competition exists in a particular line of insurance:
(1) the number of insurers or groups of affiliated insurers providing coverage in the market;
(2) measures of market concentration and changes of market concentration over time;
(3) ease of entry and the existence of financial or economic barriers that could prevent new firms from entering the market;
(4) the extent to which any insurer or group of affiliated insurers controls all or a portion of the market;
(5) whether the total number of companies writing the line of insurance in this State is sufficient to provide multiple options;
(6) the availability of insurance coverage to consumers in the markets by specific geographic area, by line of insurance and by class of risk; and
(7) the opportunities available to consumers in the market to acquire pricing and other consumer information.
Each factor must indicate a competitive market in order for a determination that there is a competitive market to be made.
(C) The director shall monitor the degree and continued existence of competition in this State on an on-going basis. The director may utilize
(D) An affected person or organization may make a written request to the director or his designee to initiate a hearing to determine whether a particular line of insurance continues to be competitive. The request for hearing must specify the grounds to be relied upon by the applicant. Within thirty days after the receipt of the request, the director or his designee shall transmit the request for hearing to the Administrative Law Judge Division.
Section 38-73-240. (A) In a line of insurance declared competitive, each insurer shall file with the director all rates, supplementary rate information, and supporting information for competitive markets at least thirty days before the proposed effective date. The director or his designee may give written notice, within thirty days of the receipt of the filing, that additional time is needed, not to exceed thirty days from the date of the notice, to consider the filing. Upon written application of the insurer, the director or his designee may authorize rates to be effective before the expiration of the waiting period or an extension of it. A filing is considered to meet the requirements of this article and to become effective unless disapproved pursuant to this section by the director or his designee before the expiration of the waiting period or an extension of it. Residual market mechanisms or advisory organizations may file residual market rates.
(B) The filing is considered in compliance with the filing provisions of this section unless the director or his designee informs the insurer within ten days after receipt of the filing as to what supplementary rate information or supporting information is required to complete the filing.
(C) An insurer may file its rates by either filing its final rates or by filing a multiplier and, if applicable, an expense constant adjustment to be applied to prospective loss costs that have been filed by an advisory organization on behalf of the insurer as permitted by this chapter.
(D) All rates, supplementary rate information, and any supporting information filed pursuant to this article is open to public inspection after the filing becomes effective.
(E) With respect to applications for rate increases for fire, allied lines, and homeowner's insurance that exceed the seven percent cap as provided for in Section 38-73-260(A) and if an applicant insurer had
Section 38-73-250. (A) If the director or his designee determines that competition does not exist in a line of insurance and issues a ruling to that effect pursuant to Section 38-73-230, the rates applicable to insurance sold in that market must be regulated pursuant to Section 38-73-260. The director may simply declare a line of insurance noncompetitive and release a report providing the support for that decision. The decision may be appealed to the Administrative Law Judge Division. The market is considered not competitive during the appeal process.
(B) A rate filing in effect at the time the director or his designee determines that competition does not exist pursuant to Section 38-73-230 must be considered to be in compliance with the laws of this State unless disapproved pursuant to the procedures and rating standards contained in Section 38-73-260 applicable to noncompetitive markets.
(C) An insurer having a rate filing in effect at the time the director determines that competition does not exist pursuant to Section 38-73-240 may be required to furnish supporting information within thirty days of a written request by the director or his designee.
Section 38-73-260. (A) Except as provided in subsection (B), overall average rate level increases or decreases, for all coverages combined, of seven percent above or below the insurer's rates then in effect may take effect without prior approval on a file and use basis
(B) Notwithstanding another provision of this article, for any policies governed by this section, filings that produce rate level changes within the limitation specified in subsection (A) become effective without prior approval. No more than two rate increases within the limitation specified in subsection (A) may be implemented during a twelve-month period and the second rate increase filing in the twelve-month period is subject to prior approval.
(C) A rate increase or decrease falling within the limitation in subsection (B) may become effective not less than thirty days after the date of the filing with the director. The filing is considered to meet the requirements of this article. If the director finds that this filing is not in compliance with this article, he shall issue a written order specifying in detail the provisions with which the insurer has not complied and state a reasonable period in which the filing is considered no longer effective. An order by the director pursuant to this section that is issued more than thirty days from the date on which the director received the rate filing is on a prospective basis only and does not affect a contract issued or made before the effective date of the order.
(D) Rate filings falling outside the limitation specified in subsection (B) are subject to the prior approval of the director or his designee. The director or his designee shall approve or disapprove these filings pursuant to the provisions of Sections 38-73-960 and 38-73-990.
(E) With respect to applications for rate increases for fire, allied lines, and homeowner's insurance that exceed the seven percent cap as provided in subsection (A) and if an applicant insurer had earned premiums in this State in the previous calendar year of more than ten million dollars for the line or type of insurance for which the rate increase is sought, the director or his designee shall provide a copy of the filing to the Consumer Advocate or, in the alternative, shall direct the insurer to provide a copy simultaneously to the Consumer Advocate. Within ten business days of the receipt of the filing, the Consumer Advocate may request from the insurer additional information. A copy of the request must be served on the director or his designee. Within ten business days of the receipt of the information sought, the Consumer Advocate shall inform the insurer and the director if, in his opinion, the filing is not in compliance with this article and specify in detail the reason for his opinion. If the filing is accepted by the director and becomes effective, the Consumer
Section 38-73-270. The director shall utilize, develop, or cause to be developed, a consumer information system which provides and disseminates price and other relevant information on a readily available basis to purchasers of homeowners, private passenger nonfleet automobile, or property insurance for personal, family, or household needs. The director may utilize, develop, or cause to be developed, a consumer information system which provides and disseminates price and other relevant information on a readily available basis to purchasers of insurance for commercial risks and personal risks not otherwise specified. The activity may be conducted internally within the insurance department, in cooperation with other state insurance departments, through outside contractors, or in another appropriate manner. As necessary and appropriate, the director, insurers, advisory organizations, statistical agents, and other persons or organizations involved in conducting the business of insurance in this State, pursuant to the provisions of this article, shall cooperate in the development and utilization of a consumer information system."
SECTION 2. A. Chapter 75, Title 38 of the 1976 Code is amended by adding:
Section 38-75-1110. (A) The purposes of this article are to:
(1) promote the public welfare by regulating insurance rates to the end that they may not be excessive, inadequate, or unfairly discriminatory and to authorize and regulate cooperative action among insurers in ratemaking and in other matters within the scope of this chapter; and
(2) empower the director or his designee to license and examine organizations that conduct modeling of catastrophic hazards where such modeling is used or proposed to be used in rate filings.
(B) Nothing in this chapter is intended to prohibit or discourage reasonable competition.
Section 38-75-1120. (A) The director or his designee shall issue a report by December 1, 2004, regarding creating a new residual market mechanism along the coast, improving or expanding the current
(B) The report must be provided to the Speaker of the House and the President of the Senate.
Section 38-75-1130. (A) This article applies only to property insurance on risks located in this State.
(B) This article does not apply to automobile insurance nor to insurance against liability arising out of the ownership, maintenance, or use of motor vehicles. The director or his designee may exempt from this article various specialty lines of insurance.
Section 38-75-1140. A corporation, an unincorporated association, a partnership, or an individual, whether located within or outside this State, may make application to the director or his designee for a license as a modeling organization for the kinds of insurance or subdivisions of it as are specified in its application and shall file with the director or his designee:
(1) a copy of its constitution, its articles of agreement or association or certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business;
(2) the name and address of a resident of this State upon whom notices or orders of the director or his designee or process affecting the modeling organization may be served; and
(3) a statement of its qualification as a modeling organization.
Section 38-75-1150. If the director or his designee finds that the applicant is competent, trustworthy, and otherwise qualified to act as a modeling organization and that its constitution, articles of agreement or association or certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business conform to the requirements of law, he shall issue a license specifying the kinds of insurance or subdivision or class of risk or part or combination of it for which the applicant is authorized to act as a modeling organization. Each application must be granted or denied in whole or in part by the director or his designee within sixty days of the date of its filing with him. Licenses issued pursuant to this section remain in effect for an indefinite term unless sooner suspended or revoked by the director or his designee. The fee for the license is two hundred dollars owed and payable annually by March first.
Section 38-75-1160. Licenses issued pursuant to Section 38-75-1150 may be suspended or revoked by the director or his designee, after hearing upon notice, if the modeling organization ceases to meet the requirements of this article.
Section 38-75-1170. Each modeling organization shall notify the director or his designee promptly of each change in:
(1) its constitution, its articles of agreement or association or certificate of incorporation, or its bylaws, rules, and regulations governing the conduct of its business; and
(2) the name and address of the resident of this State designated by it upon whom notices or orders of the director or his designee or process affecting the modeling organization may be served.
Section 38-75-1180. The director or his designee may make or cause to be made an examination of each modeling organization licensed in this State as provided in Section 38-75-1150. The reasonable costs of the examination must be paid by the modeling organization upon presentation to it of a detailed account of the costs. The officers, managers, agents, and employees of these modeling organizations may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing their method of operation. These examinations are subject to the provisions of Sections 38-13-40 to 38-13-60. Instead of an examination, the director or his designee may accept the report of an examination made by the insurance supervisory official of another state pursuant to the laws of that state. Information that is proprietary in nature or a trade secret must be kept confidential by the director. In conducting an examination, the director may contract with building code officials as well as experts involved in the development of models.
Section 38-75-1190. The director or his designee may suspend the license of any modeling organization which fails to comply with an order of the director or his designee within the time limited by the order or any extension of it which the director or his designee may grant. The director or his designee may not suspend the license of any modeling organization or insurer for failure to comply with an order until the time prescribed for an appeal from it has expired or, if an appeal has been taken, until the order has been affirmed. The director or his designee may determine when a suspension of license becomes effective and it remains in effect for the period fixed by him unless he modifies or rescinds the suspension or until the order upon which the suspension is based is modified, rescinded, or reversed.
Section 38-75-1200. A penalty may not be imposed and a license may not be suspended or revoked except upon a written order of the director or his designee, stating his findings, made after a hearing held upon not less than thirty days' written notice to the person or organization specifying the alleged violation.
Section 38-75-1210. A modeling organization aggrieved by any order or decision of the director or his designee made without a hearing, within thirty days after notice of the order to the organization, may make written request to the Administrative Law Judge Division for a hearing in accordance with rules and procedures of the Administrative Law Judge Division. Pending the hearing and decision, the director or his designee may suspend or postpone the effective date of his previous action.
Section 38-75-1220. An insurer must provide a separate premium for fire coverage and for allied lines coverage on a policy that includes fire and allied lines coverages. This includes a homeowner's and a businessowner's policy.
Section 38-75-1230. (A)(1) A cancellation or refusal to renew by an insurer of a policy of insurance covered in this article is effective unless the insurer delivers or mails to the named insured at the address shown in the policy a written notice of the cancellation or refusal to renew. This notice must:
(a) be approved as to form by the director or his designee before use;
(b) state the date not less than thirty days after the date of the mailing or delivering on which the cancellation or refusal to renew becomes effective;
(c) state the specific reason of the insurer for cancellation or refusal to renew and provide for the notification required by Section 38-75-1250(B);
(d) inform the insured of his right to request in writing within fifteen days of the receipt of notice that the director review the action of the insurer. The notice of cancellation or refusal to renew must contain the following statement in bold print to inform the insured of this right:
'IMPORTANT NOTICE: Within fifteen days of receiving this notice, you or your attorney may request in writing that the director review this action to determine whether the insurer has complied with South Carolina laws in canceling or nonrenewing your policy. If this insurer has failed to comply with the cancellation or nonrenewal laws, the director may require that your policy be reinstated. However, the director is prohibited from making underwriting judgments. If this insurer has complied with the cancellation or nonrenewal laws, the director does not have the authority to overturn this action.';
(e) inform the insured of the possible availability of other insurance which may be obtained through his agent, or through another insurer; and
(f) state that the Department of Insurance has available a buyer's guide regarding property insurance shopping and availability, and provide applicable mailing addresses and telephone numbers, including a toll-free number, if available, for contacting the Department of Insurance.
(2) Nothing in this subsection prohibits any insurer or agent from including in the notice of cancellation or refusal to renew, any additional disclosure statements required by state or federal laws, or any additional information relating to the availability of other insurance.
(B) Subsection (A) does not apply if the:
(1) insurer has manifested to the insured its willingness to renew by actually issuing or offering to the insured to issue a renewal policy, certificate, or other evidence of renewal, or has manifested this intention to the insured by another means;
(2) named insured has demonstrated by some overt action to the insurer or its agent that he expressly intends that the policy be canceled or that it not be renewed.
Section 38-75-1240. (A) If an individual, after proper identification, submits a written request to an insurance-support organization for access to recorded personal information about the individual that reasonably is described by the individual and reasonably able to be located and retrieved by the insurance-support organization, the insurance-support organization, within thirty business days from the date the request is received shall:
(1) inform the individual of the nature and substance of the recorded personal information in writing, by telephone, or by other oral communication, whichever the insurance-support organization prefers;
(2) permit the individual to see and obtain a copy of the recorded personal information pertaining to him or to obtain a copy of the recorded personal information by mail, whichever the individual prefers, unless the recorded personal information is in coded form, in which case an accurate translation in plain language must be provided in writing;
(3) disclose to the individual the identity, if recorded, of those persons to whom the insurance-support organization has disclosed the personal information within two years before the request, and if the identity is not recorded, the names of those insurance-support
(4) provide the individual with a summary of the procedures by which he may request correction, amendment, or deletion of recorded personal information.
(B) Personal information provided pursuant to subsection (A) must identify the source of the information if it is an institutional source.
(C) Medical record information supplied by a medical care institution or medical professional and requested pursuant to the provisions of subsection (A), together with the identity of the medical professional or medical care institution that provided the information, must be supplied either directly to the individual or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurer, agent, or insurance-support organization prefers. If it elects to disclose the information to a medical professional designated by the individual, the insurer, agent, or insurance-support organization shall notify the individual, at the time of the disclosure, that it has provided the information to the medical professional.
(D) Except for personal information provided by this section, an insurer, agent, or insurance-support organization may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to individuals.
(E) The obligations imposed by this section upon an insurer or agent may be satisfied by another insurer or agent authorized to act on its behalf. With respect to the copying and disclosure of recorded personal information pursuant to a request provided by subsection (A), an insurer, agent, or insurance-support organization may make arrangements with an insurance-support organization or a consumer reporting agency to copy and disclose recorded personal information on its behalf.
(F) The rights granted to individuals in this section must extend to all natural persons to the extent information about them is collected and maintained by an insurer, agent, or insurance-support organization in connection with an insurance transaction. The rights granted to all natural persons by this subsection does not extend to information about them that relates to and is collected in connection with or in reasonable anticipation of a claim or civil or criminal proceeding involving them.
(G) For purposes of this section, 'insurance-support organization' does not include 'consumer reporting agency'.
Section 38-75-1250. (A) If there is a cancellation or nonrenewal of an insurance policy covered pursuant to the provisions of this article, the insurer or agent responsible for the cancellation or nonrenewal shall give a written notice in a form approved by the director that:
(1) either provides the applicant, policyholder, or individual proposed for coverage with the specific reason or reasons for the cancellation or nonrenewal in writing or advises the person that upon written request he may receive the specific reason or reasons in writing; and
(2) provides the applicant, policyholder, or individual proposed for coverage with a summary of the rights provided by subsection (B) and Section 38-75-1230.
(B) Upon receipt of a written request within ninety business days from the date of the mailing of notice or other communication of a cancellation or nonrenewal to an applicant, policyholder, or individual proposed for coverage, the insurer or agent shall furnish to the person within twenty-one business days from the date of receipt of the written request:
(1) the specific reason or reasons for the cancellation or nonrenewal in writing, if that information was not furnished initially in writing pursuant to subsection (A)(1);
(2) the specific items of personal and privileged information that support those reasons; however:
(a) the insurer or agent is not required to furnish specific items of privileged information if it has a reasonable suspicion, based upon specific information available for review by the director, that the applicant, policyholder, or individual proposed for coverage has engaged in criminal activity, fraud, material misrepresentation, or material nondisclosure; and
(b) specific items of medical-record information supplied by a medical-care institution or medical professional must be disclosed either directly to the individual about whom the information relates or to a medical professional designated by the individual and licensed to provide medical care with respect to the condition to which the information relates, whichever the insurer or agent prefers; and
(3) the names and addresses of the institutional sources that supplied the specific items of information given pursuant to subsection (B)(2). However, the identity of any medical professional or medical-care institution must be disclosed either directly to the individual or to the designated medical professional, whichever the insurer or agent prefers.
(C) The obligations imposed by this section upon an insurer or agent may be satisfied by another insurer or agent authorized to act on its behalf. However, the insurer or agent making the cancellation or nonrenewal remains responsible for compliance with the obligations imposed by this section.
(D) If a cancellation or nonrenewal results only from an insured's oral request or inquiry, the explanation of reasons and summary of rights required by subsection (A) may be given orally.
Section 38-75-1260. There is no liability on the part of and no cause of action of any nature may arise against the director or his designees, any insurer, or the authorized representatives, agents, and employees of any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or refusal to write or renew, for any statement made by any of them in complying with this article, or for the providing of information pertaining to it, unless the person asserting the cause of action establishes that the person against whom the cause of action is asserted was motivated by express malice or gross negligence.
Section 38-75-1270. (A) An application for the original issuance of a policy of insurance covered in the article must have the following statement printed on or attached to the first page of the application form, in boldface type:
'THE INSURER CAN CANCEL THIS POLICY FOR WHICH YOU ARE APPLYING WITHOUT CAUSE DURING THE FIRST 90 DAYS. THAT IS THE INSURER'S CHOICE. AFTER THE FIRST 90 DAYS, THE INSURER CAN ONLY CANCEL THIS POLICY FOR REASONS STATED IN THE POLICY.'
(B) An application for the original issuance of a policy of insurance covered in this article that requires the insured to disclose information as to any previous cancellation or refusal to renew also must permit the insured to offer or provide a full explanation of the reason for the cancellation or refusal to renew.
(C) The notice required by this section must accompany the initial declarations page if the applicant is not provided a written copy at the time of the application and the coverage has been bound by the insurer.
(D) The insurer may cancel without cause at any time in the first ninety days during which the policy is in effect.
(E) This section does not apply to the renewal of any policy of insurance.
Section 38-75-1280. (A)(1) An insurer or agent may not refuse to issue an insurance policy as defined in this article because of any one or more of the following factors:
(a) age;
(b) sex;
(c) location of residence in this State;
(d) race;
(e) color;
(f) creed;
(g) national origin;
(h) ancestry;
(i) marital status; or
(j) income level.
(2) An insurer or agent may not refuse to issue an insurance policy defined in this article only because of any one of the following factors:
(a) the previous refusal of property insurance by another insurer; or
(b) lawful occupation, including the military service, of the person seeking the coverage.
(3) Nothing in this section prohibits an insurer from limiting the issuance of insurance policies covered in this article only to persons engaging in or who have engaged in a particular profession or occupation, or who are members of a particular religious sect.
(4) Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data.
(B)(1) In determining the premium rates to be charged for an insurance policy covered in this article, it is unlawful to consider:
(a) race;
(b) color;
(c) creed;
(d) religion;
(e) sex;
(f) national origin;
(g) ancestry;
(h) location of residence in this State;
(i) economic status; or
(j) income level.
(2) An insurer, agent, or a broker may not refuse to write an insurance policy covered in this article based upon:
(a) age;
(b) sex;
(c) race;
(d) color;
(e) creed;
(f) religion;
(g) national origin;
(h) ancestry;
(i) location of residence in this State;
(j) economic status; or
(k) income level.
(3) However, nothing in this subsection may preclude the use of a territorial plan approved by the director.
(C) An insurer or agent who violates this section is subject to the penalties as provided in Section 38-2-10. If the director of the Department of Insurance or his designee finds that an insurer or agent is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. However, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department. The director or his designee at any time may examine an insurer, agent, or a broker to enforce this section. The expense of examination must be paid by the insurer, agent, or broker.
Section 38-75-1290. (A)(1) An insurer may not refuse to renew an insurance policy covered in this article because of any one or more of the following factors:
(a) age;
(b) sex;
(c) location of residence in this State;
(d) race;
(e) color;
(f) creed;
(g) national origin;
(h) ancestry;
(i) marital status; or
(j) income level.
(2) An insurer may not refuse to renew an insurance policy covered in this article only because of any one of the following factors:
(a) lawful occupation, including the military service;
(b) lack of supporting business or lack of the potential for acquiring the business;
(c) one or more claims that occurred more than thirty-six months immediately preceding the upcoming anniversary date; or
(d) inquiries concerning coverage submitted to the insurer where no notice of claim was made.
(3) Nothing contained in subsection (A)(1)(f), (g), and (h) of this subsection prohibits an insurer from refusing to renew a policy where a claim is false or fraudulent. Nothing in this section prohibits an insurer from setting rates in accordance with relevant actuarial data except that no insurer may set rates based in whole or in part on race, color, creed, religion, sex, national origin, ancestry, location of residence in this State, economic status, or income level. However, nothing in this subsection may preclude the use of a territorial plan approved by the director.
(B) There is no liability on the part of and no cause of action of any nature shall arise against: the director or his designees; an insurer, its authorized representatives, its agents, or its employees; or a person furnishing to the insurer information as to reasons for cancellation or refusal to renew, for any statement made by any of them in complying with this section or for providing information pertaining to the cancellation or refusal to renew. For the purposes of this section, an insurer is not required to furnish a notice of cancellation or refusal to renew to anyone other than the named insured, a person designated by the named insured, or any other person to whom the notice is required to be given by the terms of the policy and the director.
(C) Within fifteen days of receipt of the notice of cancellation or refusal to renew, an insured or his attorney is entitled to request in writing to the director that he review the action of the insurer in canceling or refusing to renew the policy of the insured. Upon receipt of the request, the director promptly shall begin a review to determine whether the insurer's cancellation or refusal to renew complies with the requirements of this section. If the director finds from the review that the cancellation or refusal to renew has not complied with the requirements of this section, he immediately shall notify the insurer, the insured, and any other person to whom the notice was required to be given by the terms of the policy that the cancellation or refusal to renew is not effective. Nothing in this section authorizes the director to substitute his judgment as to underwriting for that of the insurer.
(D) Each insurer shall maintain for at least three years, records of cancellation and refusal to renew and copies of each notice or statement referred to in Section 38-75-1230 that it sends to any of its insureds.
(E) The provisions of this section do not apply to an insurer that limits the issuance of insurance policies covered in this article to one class or group of persons engaged in any one particular profession,
(F) An insurer who violates this section is subject to the penalties as provided in Section 38-2-10. If the director of the Department of Insurance or his designee finds that an insurer, agent, or a broker is participating in a pattern of unfair discrimination, the director or his designee may impose a fine of up to two hundred thousand dollars. However, if the unfair discrimination is required by an insurer, only the insurer is subject to the penalty as long as the agent of the insurer has reported the pattern of unfair discrimination to the department. The director or his designee at any time may examine an insurer, agent, or a broker to enforce this section. The expense of examination must be paid by the insurer, agent, or broker.
Section 38-75-1300. An insurer may not exclude wind and hail on a fire, allied lines, or homeowners policy unless the property is in the area served by the South Carolina Wind and Hail Underwriting or the exclusion has been approved by the director or his designee.
Section 38-75-1310. An insurer shall provide the director each year a listing of underwriting restrictions based upon geography and also provide notice of new changes to current underwriting restrictions. These restrictions do not require approval of the director or his designee."
B. This section takes effect six months after approval by the Governor.
SECTION 3. Section 38-1-20 of the 1976 Code, as last amended by Act 73 of 2003, is further amended by adding:
"(43) 'Insurance-support organization' means a person who regularly engages, in whole or in part, in the practice of assembling or collecting information about natural persons for the primary purpose of providing the information to an insurer or agent for insurance transactions, including: (i) the furnishing of consumer reports or investigative consumer reports to an insurer or agent for use in connection with an insurance transaction; or (ii) the collection of personal information from insurers, agents, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. However, the
(44) 'Modeling organization' means a corporation, an unincorporated association, a partnership, or an individual, whether located within or outside this State, that prepares catastrophe models that are used by insurers in rate filings. Catastrophe models are computer programs that estimate losses from potential upcoming disasters. Catastrophe modeling combines data on property exposures with information on hazards, such as storms or earthquakes, to generate estimates of potential losses."
SECTION 4. Section 38-73-910(A) of the 1976 Code is amended to read:
"(A) No An increase in the premium rates may not be granted for workers' compensation, fire, allied lines, and homeowners' insurance, nor for any other line or type of insurance with respect to which the director or his designee has, by order, made a finding that (a) legal or other compulsion upon the part of the insured to purchase the insurance interferes with competition, or (b) under prevailing circumstances there does not exist substantial competition, unless notice is given in all newspapers of general, statewide circulation at least thirty days in advance of the insurer's proposed effective date of the increase in premium rates. The notice shall must state the amount of increase, the type and line of coverage, and the proposed effective date and shall must allow any insured or affected party to request within fifteen days a public hearing upon the propriety of the rate increase request before the Administrative Law Judge Division. A copy of the notice must be sent to the Consumer Advocate.
However, the requirements of public notices and public hearings in this section do not apply to applications for rate increases when the applicant insurer had earned premiums in this State in the previous calendar year of less than two million dollars for the line or type of insurance for which the rate increase is sought or, if the rate increase is sought by a modeling organization, the earned premiums in this State for all members and subscribers of the organization for whom an increase is sought were less than two million dollars for the previous calendar year for the line or type of insurance for which the rate increase is sought. The two million dollars must be increased by a factor equal to the increase in the consumer price index, all items, every three years.
However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association for use within the coastal area of South Carolina as defined by Section 38-75-310(5)."
SECTION 5. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 6. Except as otherwise specified, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 798 (Word version) -- Senators Thomas and Kuhn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT "HATLEY'S LAW" BY ADDING SECTION 56-5-2993 SO AS TO PROVIDE THAT A PERSON WHOSE DRIVER'S LICENSE IS SUSPENDED FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER ILLEGAL SUBSTANCE OR FOR A THIRD OR SUBSEQUENT VIOLATION OF DRIVING WITH A SUSPENDED, CANCELLED, OR REVOKED DRIVER'S LICENSE MUST NOT
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.
H. 4539 (Word version) -- Rep. Walker: A BILL TO REPEAL SECTION 59-18-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DETERMINING STUDENT AND SCHOOL PERFORMANCE RELATIVE TO NATIONAL PERFORMANCE LEVELS UNDER THE EDUCATION ACCOUNTABILITY ACT.
On motion of Senator HUTTO, with unanimous consent, the Bill was carried over.
S. 1105 (Word version) -- Senator Waldrep: A SENATE RESOLUTION TO REQUEST THAT AUGUST 14, 2004, BE DESIGNATED NATIONAL MARINA DAY IN ORDER TO HONOR SOUTH CAROLINA'S MARINAS FOR THEIR CONTRIBUTIONS TO THE COMMUNITY AND TO MAKE CITIZENS, POLICY MAKERS, AND EMPLOYEES MORE AWARE OF THE OVERALL CONTRIBUTIONS OF MARINAS TO THEIR WELL-BEING.
The Senate Resolution was adopted.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on April 20, 2004, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R229, S. 154 (Word version)) -- Senator Giese: AN ACT TO AMEND SECTION 59-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICANT FOR INITIAL EDUCATION CERTIFICATION BEING REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, SO AS TO PROVIDE THAT A PERSON ENROLLED IN A TEACHER EDUCATION PROGRAM MUST BE ADVISED BY THE COLLEGE OR UNIVERSITY THAT HIS PRIOR CRIMINAL RECORD COULD PREVENT HIS TEACHER CERTIFICATION, PROVIDE THAT BEFORE BEGINNING FULL-TIME CLINICAL TEACHING EXPERIENCE A PERSON SHALL UNDERGO A STATE AND NATIONAL CRIMINAL
(R230, S. 764 (Word version)) -- Senator Ryberg: AN ACT TO AMEND SECTION 56-3-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS CONCERNING CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "FLEET".
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(R231, S. 827 (Word version)) -- Senators McConnell and J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
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(R232, S. 888 (Word version)) -- Senator J. Verne Smith: AN ACT TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE
(R233, S. 904 (Word version)) -- Senator Alexander: AN ACT TO AMEND SECTION 59-119-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON THE ISSUANCE OF ATHLETIC FACILITY REVENUE BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM FORTY MILLION DOLLARS TO SIXTY MILLION DOLLARS THE MAXIMUM AMOUNT OF THESE BONDS WHICH MAY BE OUTSTANDING AT ANY TIME.
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(R234, S. 920 (Word version)) -- Senators Moore and Setzler: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE AIKEN COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R235, S. 921 (Word version)) -- Senator Moore: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE MCCORMICK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R236, S. 922 (Word version)) -- Senator Moore: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE EDGEFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
(R237, S. 934 (Word version)) -- Senator Hutto: AN ACT TO AMEND SECTION 7-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ALLENDALE COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN ALLENDALE COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R238, S. 946 (Word version)) -- Senator Patterson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-53-1710 THROUGH 59-53-1760 AS SUBARTICLE 1 AND ENTITLED "GENERAL PROVISIONS" OF ARTICLE 20, CHAPTER 53, TITLE 59; AND BY ADDING SUBARTICLE 3 TO ARTICLE 20, CHAPTER 53, TITLE 59, RELATING TO THE MIDLANDS TECHNICAL COLLEGE, SO AS TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION FOR PURPOSES OF THE DEVELOPMENT OF THE NORTHEAST CAMPUS, TO PROVIDE FOR THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE ENTERPRISE CAMPUS AUTHORITY, AND TO PROVIDE FOR ITS POWERS AND DUTIES.
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(R239, S. 951 (Word version)) -- Senator Hutto: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE BARNWELL 19, BARNWELL 29, OR BARNWELL 45 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
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(R240, S. 952 (Word version)) -- Senator Hutto: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE ORANGEBURG 3, ORANGEBURG 4, OR
(R241, S. 953 (Word version)) -- Senators Setzler, Knotts, Cromer and Courson: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE LEXINGTON 1 OR LEXINGTON 2 COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE APPROPRIATE LOCAL SCHOOL BOARD.
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(R242, S. 954 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE CHESTER COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R243, S. 955 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R244, S. 956 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE YORK COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R245, S. 957 (Word version)) -- Senator Short: AN ACT TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL IN THE FAIRFIELD COUNTY SCHOOL DISTRICT CLOSED DUE TO SNOW, EXTREME WEATHER CONDITIONS, OR OTHER DISRUPTIONS MAY BE FORGIVEN IF APPROVED BY A MAJORITY VOTE OF THE LOCAL SCHOOL BOARD.
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(R246, S. 1044 (Word version)) -- Senator Leatherman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-740 SO AS TO AUTHORIZE THE AREA COMMISSION OF FLORENCE-DARLINGTON TECHNICAL COLLEGE TO ENTER INTO GROUND LEASE AGREEMENTS WITH A PRIVATE ENTITY FOR THE CREATION AND OPERATION OF AN ON-CAMPUS FACILITY, THE PURPOSE OF WHICH SHALL BE DETERMINED BY THE COMMISSION, TO PROVIDE FOR THE APPROVALS NECESSARY TO ENTER INTO SUCH AN AGREEMENT AND FOR SPECIFIC TERMS AND CONDITIONS WHICH MUST BE A PART OF SUCH AN AGREEMENT, TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A LEASE OR LEASE PURCHASE AGREEMENT WITH A PRIVATE ENTITY FOR IT TO OCCUPY A COLLEGE FACILITY OR A FACILITY TO BE BUILT BY THE COLLEGE ON COLLEGE PROPERTY FOR THE PURPOSE OF CONDUCTING AN ENTREPRENEURIAL OR COMMERCIAL ACTIVITY, AND TO PROVIDE THAT THE AREA COMMISSION OF THE COLLEGE MAY ENTER INTO A GROUND LEASE WITH A PRIVATE ENTITY FOR THE PRIVATE ENTITY TO BUILD A FACILITY ON PROPERTY OF THE COLLEGE IN WHICH IT WILL CONDUCT ENTREPRENEURIAL OR COMMERCIAL ACTIVITY CONSISTENT WITH THE SCOPE AND MISSION OF THE COLLEGE.
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(R247, S. 1082 (Word version)) -- Senator Cromer: A JOINT RESOLUTION TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE NEWBERRY AND SALUDA COUNTY SCHOOL DISTRICTS FOR SCHOOL YEAR 2003-04 ARE AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICTS BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
(R248, S. 1091 (Word version)) -- Senator Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 FOR SCHOOL YEAR 2003-04 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY ANY SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
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(R249, S. 1100 (Word version)) -- Senator Drummond: AN ACT TO AMEND ACT 1147 OF 1968, AS AMENDED, RELATING TO THE GREENWOOD COUNTY CAREER CENTER, SO AS TO RENAME THE CENTER THE G. FRANK RUSSELL CAREER CENTER.
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(R250, S. 1104 (Word version)) -- Senator Martin: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 26, 2004, BY THE STUDENTS OF A SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R251, S. 1127 (Word version)) -- Senators Knotts, Cromer, Courson and Setzler: AN ACT TO ENACT THE LEXINGTON COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN LEXINGTON COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL
(R252, H. 3235 (Word version)) -- Reps. Harrison, Altman, Bailey, Bales, Talley, Kirsh, Clemmons and Cotty: AN ACT TO AMEND SECTION 1-23-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO CHANGE THE NAME OF THE DIVISION TO THE "SOUTH CAROLINA ADMINISTRATIVE LAW COURT", TO AMEND SECTION 1-23-600, AS AMENDED, RELATING TO HEARINGS AND PROCEEDINGS BEFORE THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE THAT ALL REQUESTS FOR A HEARING BEFORE THE COURT MUST BE FILED IN ACCORDANCE WITH THE COURT'S RULES OF PROCEDURE AND THAT A PARTY REQUESTING A HEARING WITH THE ADMINISTRATIVE LAW COURT MUST SIMULTANEOUSLY SERVE A COPY OF THE REQUEST ON THE AFFECTED AGENCY, AND TO PROVIDE THAT WHEN THE TERM "ADMINISTRATIVE LAW JUDGE DIVISION" APPEARS IN THE LAW, A REGULATION, OR OTHER DOCUMENT, IT MUST BE CONSTRUED TO MEAN THE "ADMINISTRATIVE LAW COURT".
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(R253, H. 3528 (Word version)) -- Reps. Sheheen, Delleney, Toole, Altman, Haskins, Coates and Viers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-55 SO AS TO ENACT "HUNTER'S LAW" REQUIRING THE STATE REGISTRAR TO DEVELOP A "CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH" FORM WHICH MUST BE OFFERED TO MOTHERS WHOSE DELIVERY RESULTED IN FETAL DEATH OF TWENTY COMPLETED WEEKS OF GESTATION OR A WEIGHT OF THREE HUNDRED FIFTY GRAMS AND TO PROVIDE THAT SUCH A FORM IF COMPLETED MUST BE FILED WITH THE COUNTY REGISTRAR.
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(R254, H. 3636 (Word version)) -- Reps. Snow, G. Brown, Coates, Cobb-Hunter, J. Hines, Kennedy, Martin, J.H. Neal, Sandifer, G.M. Smith, Weeks, Whitmire and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-38 SO AS TO PROVIDE THAT IT IS AN UNLAWFUL TRADE PRACTICE TO ADVERTISE A LIVE MUSICAL PERFORMANCE THROUGH THE DECEPTIVE USE OF THE NAME OF A RECORDING PERSON OR GROUP, TO DEFINE "PERFORMING PERSON OR GROUP" AND "RECORDING PERSON OR GROUP", TO PROVIDE EXEMPTIONS, AND TO MAKE THE REMEDIES CUMULATIVE TO THOSE IN OTHER PROVISIONS OF LAW.
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(R255, H. 4028 (Word version)) -- Reps. Cotty and McGee: AN ACT TO AMEND SECTION 43-26-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS NOT SUBJECT TO THE RULES OF OPERATION OF VENDING FACILITIES BY THE COMMISSION FOR THE BLIND, SO AS TO EXCLUDE THE SOUTH CAROLINA STATE MUSEUM.
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(R256, H. 4220 (Word version)) -- Reps. Clemmons, Barfield, Keegan, Viers and Witherspoon: AN ACT TO ALLOW THE GOVERNING BODY OF A COUNTY THAT GENERATES MORE THAN TEN MILLION
(R257, H. 4281 (Word version)) -- Rep. Walker: AN ACT TO AMEND SECTION 10-1-161, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE FLAGS ATOP THE STATE CAPITOL BUILDING SHALL BE FLOWN AT HALF-STAFF, SO AS TO PROVIDE THAT THESE FLAGS SHALL BE FLOWN AT HALF-STAFF ON THE DAY WHEN FUNERAL SERVICES ARE CONDUCTED FOR MEMBERS OF THE UNITED STATES MILITARY SERVICES WHO WERE RESIDENTS OF SOUTH CAROLINA AND WHO LOST THEIR LIVES IN THE LINE OF DUTY WHILE IN COMBAT.
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(R258, H. 4451 (Word version)) -- Reps. G.M. Smith, Altman, Clark and Owens: AN ACT TO AMEND SECTIONS 14-7-1610 AND 14-7-1630, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE JURISDICTION OF A STATE GRAND JURY, SO AS TO ELIMINATE THE REQUIREMENT THAT AN OBSCENITY CRIME MUST BE MULTI-COUNTY IN NATURE OR MUST TRANSPIRE IN MORE THAN ONE COUNTY FOR THE STATE GRAND JURY TO HAVE JURISDICTION; TO AMEND SECTION 16-15-335, RELATING TO HIRING A MINOR TO VIOLATE OBSCENITY LAWS, SO AS TO INCREASE THE PENALTY FROM FIVE TO TEN YEARS; BY ADDING SECTION 16-15-342 SO AS TO CREATE THE OFFENSE OF CRIMINAL
(R259, H. 4453 (Word version)) -- Reps. Sheheen, Jennings, Altman, McLeod and Weeks: AN ACT TO AMEND SECTION 19-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIFE EXPECTANCY TABLE FOR CIVIL LITIGATION, SO AS TO UPDATE THE TABLE USING THE 2001 COMMISSIONERS STANDARD ORDINARY MORTALITY TABLE.
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(R260, H. 4615 (Word version)) -- Reps. Owens, Anthony, Cato, Loftis, Rice, Sandifer, Duncan, Simrill, Hamilton, Leach, Littlejohn, Mahaffey, McCraw, McLeod, Moody-Lawrence, M.A. Pitts, Phillips, Skelton, Stille, Taylor, Vaughn and Whitmire: AN ACT TO AMEND SECTION 6-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTRACTS TO BUY POWER BETWEEN A JOINT POWER AND ENERGY AGENCY AND ITS CONSTITUENT MUNICIPALITIES, SO AS TO PROVIDE FOR THE EXTENSION OF CONTRACTS TO BUY POWER BEYOND THE ORIGINAL FIFTY-YEAR LIMIT WHEN THE DATE OF OPERATION OF THE ELECTRICAL UTILITY IS EXTENDED BY ALL AGENCIES HAVING JURISDICTION OVER SUCH AN EXTENSION.
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(R261, H. 4626 (Word version)) -- Reps. Cooper, Townsend, Thompson, Martin, Stille and White: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO ADD AND REVISE CERTAIN VOTING PRECINCTS IN ANDERSON COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R262, H. 4678 (Word version)) -- Reps. J.R. Smith, Clark, Clyburn, D.C. Smith, Stewart and Perry: AN ACT TO AMEND SECTION 7-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REVISE CERTAIN PRECINCTS AND REDESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R263, H. 4679 (Word version)) -- Rep. G. Brown: AN ACT TO AMEND SECTION 7-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LEE COUNTY, SO AS TO REVISE AND RENAME CERTAIN VOTING PRECINCTS IN LEE COUNTY, DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND CORRECT CERTAIN REFERENCES.
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(R264, H. 4681 (Word version)) -- Reps. Neilson, Lucas and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 25, 26, AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE DARLINGTON COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED 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.
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(R265, H. 4686 (Word version)) -- Rep. G.M. Smith: AN ACT TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE OR MUNICIPAL COURT, SO AS TO INCREASE THE MAXIMUM MONETARY PENALTY FOR WHICH A CRIME
(R266, H. 4723 (Word version)) -- Reps. Loftis, Vaughn, Cato, Allen, Altman, Bales, Barfield, Battle, Branham, J. Brown, Davenport, Hamilton, Haskins, M. Hines, Hosey, Jennings, Leach, McCraw, Owens, Perry, Rice, D.C. Smith, F.N. Smith, G.R. Smith, J.R. Smith, Tripp, Wilkins and Mahaffey: AN ACT TO AMEND SECTION 12-28-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE GASOLINE USER FEES AMONG THE VARIOUS COUNTIES AND COUNTY TRANSPORTATION COMMITTEES ENTITLED TO EXPEND 'C' FUNDS, SO AS TO AUTHORIZE A COUNTY LEGISLATIVE DELEGATION, BY RESOLUTION, TO RENAME THE COUNTY TRANSPORTATION COMMITTEE AS THE LEGISLATIVE DELEGATION TRANSPORTATION COMMITTEE OF THAT COUNTY.
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(R267, H. 4748 (Word version)) -- Reps. Harvin and G.M. Smith: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 26, 27, 28, 29, AND 30, 2004, BY THE STUDENTS OF A SCHOOL IN SCHOOL DISTRICT NOS. 1, 2, AND 3 OF CLARENDON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R268, H. 4772 (Word version)) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO WILDLIFE MANAGEMENT AREAS AND CHRONIC WASTING DISEASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2885, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R269, H. 4823 (Word version)) -- Reps. Harrison, Merrill, Altman, Clemmons, Hagood, Haskins, Jennings, Rutherford, Scott, Simrill, Sinclair, J.E. Smith, Talley, Taylor and Delleney: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-47-40 SO AS TO PROVIDE FOR AN AUTOMATIC STAY OF EXECUTION DURING APPELLATE REVIEW OF A JUDGMENT IN A CIVIL ACTION INVOLVING A PARTY TO THE MASTER SETTLEMENT AGREEMENT ENTERED INTO IN CONNECTION WITH THE TOBACCO ESCROW FUND ACT AND TO AMEND SECTION 18-9-130, RELATING TO THE EFFECT OF NOTICE OF APPEAL ON EXECUTION OF JUDGMENT, SO AS TO REFLECT THE AUTOMATIC STAY OF EXECUTION IN THOSE CIRCUMSTANCES.
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(R270, H. 4884 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R271, H. 4887 (Word version)) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2880, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R272, H. 4912 (Word version)) -- Rep. Miller: A JOINT RESOLUTION TO PROVIDE THAT FOR THE YEAR 2004 ONLY, THE SHAD SEASON IN GAME ZONE 9 IS EXTENDED UNTIL APRIL 15, 2004, EXCEPT THAT THE SHAD SEASON IN THE ATLANTIC OCEAN TERRITORIAL SEA IS NOT EXTENDED.
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(R273, H. 4917 (Word version)) -- Reps. Taylor, Duncan and M.A. Pitts: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON
(R274, H. 4919 (Word version)) -- Rep. Jennings: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF SCHOOLS IN THE SCHOOL DISTRICT OF MARLBORO COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R275, H. 4923 (Word version)) -- Reps. Hosey, Govan, Rhoad and Bowers: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN BARNWELL COUNTY SCHOOL DISTRICT NOS. 19, 29, AND 45 WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R276, H. 4942 (Word version)) -- Reps. Phillips, McCraw and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON FEBRUARY 12, 2004, AND FEBRUARY 26 AND 27, 2004, BY THE STUDENTS OF A SCHOOL IN CHEROKEE COUNTY SCHOOL DISTRICT NO. 1 WHEN THE SCHOOL WAS CLOSED DUE TO A WATER MAIN BREAK AND SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, RESPECTIVELY, ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R277, H. 4960 (Word version)) -- Reps. Duncan, M.A. Pitts and Taylor: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN LAURENS COUNTY SCHOOL DISTRICT NO. 56 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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(R278, H. 4961 (Word version)) -- Reps. Talley and Lee: A JOINT RESOLUTION TO AMEND ACT 761 OF 1964, RELATING TO THE CREATION OF THE ARKWRIGHT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO ADD TWO ADDITIONAL MEMBERS TO ITS BOARD OF FIRE CONTROL WHO BOTH SHALL SERVE FOR A TERM OF SIX YEARS.
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(R279, H. 4969 (Word version)) -- Reps. Talley, Anthony, Davenport, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Walker: AN ACT TO AMEND SECTION 7-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SPARTANBURG COUNTY, SO AS TO REVISE CERTAIN VOTING PRECINCTS IN SPARTANBURG COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.
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(R280, H. 5033 (Word version)) -- Reps. Walker, Davenport, Lee, Littlejohn, Mahaffey, Sinclair, W.D. Smith and Talley: A JOINT RESOLUTION TO PROVIDE THAT EACH BOARD OF TRUSTEES OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY FOR SCHOOL YEAR 2003-2004 IS AUTHORIZED TO FORGIVE UP TO THREE SCHOOL DAYS MISSED BY A SCHOOL OF THE DISTRICT BECAUSE OF SNOW, ICE, OR EXTREME WEATHER CONDITIONS.
(R281, H. 5034 (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 CONTINUED COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2891, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R282, H. 5035 (Word version)) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO LICENSURE EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2898, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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(R283, H. 5057 (Word version)) -- Reps. Stille, M.A. Pitts and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 27, 2004, BY THE STUDENTS OF A SCHOOL IN THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS IS FORGIVEN FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
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On motion of Senators SETZLER and KNOTTS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lavern Jumper, former Police Chief of the Cayce, S.C. Police Department.
At 1:15 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:45 A.M.
This web page was last updated on Wednesday, June 24, 2009 at 3:35 P.M.