South Carolina General Assembly
116th Session, 2005-2006
Journal of the House of Representatives


Printed Page 3021 . . . . . Tuesday, May 9, 2006

Tuesday, May 9, 2006
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr., as follows:

Our thought for today is from Matthew 5:13: "You are the salt of the earth. But if the salt loses its saltiness, how can it be made salty again?"
Let us pray. Almighty God, give to these Representatives and staff the salt of Your strength and courage to be leaders in forming the betterment of each in this State. Direct the thoughts and actions of these leaders that they may be blessed to be a blessing and secure the safety and welfare for the people. Bless our Nation, President, State, Governor, Speaker, each Representative and staff member. Keep our defenders of freedom safe in Your protective care. In the name of our Lord, we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of Argent Mort, which was agreed to.

REGULATION RECEIVED

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

Document No. 3064
Agency: South Carolina Law Enforcement Division
Statutory Authority: 1976 Code Section 40-18-30
Private Security and Private Investigation Businesses
Received by Speaker of the House of Representatives
May 8, 2006


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Referred to Judiciary Committee
Legislative Review Expiration April 14, 2007

REPORT RECEIVED

The following was received:

State Regulation of Public Utilities Review Committee

May 8, 2006
Members of the South Carolina General Assembly
South Carolina State House
Columbia, South Carolina

Dear Fellow Members:
Enclosed is the State Regulation of Public Utilities Review Committee's Report as to Qualifications of Candidates for Seats 2, 4, and 6 of the South Carolina Public Service Commission. The report is designed to assist you in determining how to cast your vote. The Review Committee is charged with the duty to nominate up to three candidates for each seat on the Public Service Commission (Commission). In accordance with this mandate, the Review Committee thoroughly investigated each candidate with respect to his or her suitability for service on the Commission. The Review Committee has found all four candidates to be qualified. A transcript of the oral examination of the four candidates on April 20, 2006, is appended to this report by reference, as required by law. It may be found on the General Assembly's website:
www.scstatehouse.net/html-pages/citizen.html.

The Review Committee's finding that a candidate is qualified and nominated means that the candidate satisfies the constitutional and statutory criteria for service on the Commission and the Review Committee's evaluative criteria. The enclosed report explains the Review Committee's evaluative criteria and details each candidate's qualifications as they relate to the evaluative criteria.

Candidates for the Public Service Commission are prohibited from asking for your commitment until 12:00 noon Wednesday, May 10, 2006. Members of the General Assembly are not permitted to issue letters of introduction, announcements of candidacy, or statements detailing a candidate's qualifications on behalf of a candidate, and are not permitted to offer a pledge to vote for a candidate until 12:00 noon on May 10, 2006. If you find a candidate violating the pledging


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prohibitions or if you have questions about this report, please contact the Review Committee at (803) 212-6625.

Sincerely,
Thomas L. Moore

Report as to the Qualifications of Candidates
for Seats 2, 4, and 6 of the
South Carolina Public Service Commission

Introduction

Act No. 175 of 2004 created the State Regulation of Public Utilities Review Committee (Review Committee) and charged the Review Committee with, among other duties, the duty to nominate candidates for the members of the South Carolina Public Service Commission (Commission); the duty to oversee the Commission; and the duty to evaluate the activities and effectiveness of the Commission and individual commissioners. The Review Committee is composed of ten members, six of whom are members of the General Assembly, and four of whom are members of the public.

The Review Committee conducted background investigations of each candidate, including credit and law enforcement checks. It gave a written examination to determine the level of knowledge that each candidate has with respect to substantive public utility issues, ethical constraints applicable to the Commission, and the operations of the Commission. It also sent a survey to Commission employees and persons appearing before the Commission seeking their opinions with respect to the incumbent commissioners' knowledge of public utility issues, their adherence to ethical constraints, their treatment of persons appearing before them, their effect on employee morale, and their understanding of the goals and mission of the agency. The Review Committee also obtained records of attendance at Commission meetings and hearings for the incumbent commissioners. The Review Committee held a public hearing at which all candidates were questioned and given an opportunity to make statements as to their qualifications and desire to serve as a commissioner. A transcript of the oral examination of the four candidates on April 20, 2006, is appended to this report by reference, as required by law. It may be found on the General Assembly's website:
www.scstatehouse.net/html-pages/citizen.html.


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Background

In the Spring of 2002, after reviewing all candidates for the Public Service Commission, the Joint Legislative Screening Committee (2002 Screening Committee) issued a report to the General Assembly finding: (1) the Commission suffered from a lack of strong leadership; (2) the complexity of many of the issues overwhelmed some of the commissioners; and (3) the Commission failed to articulate and adhere to clear standards of due process and ethical behavior and lacked any enforceable prohibition against inappropriate ex parte communications. The 2002 Screening Committee recommended that the General Assembly consider making long-term structural change to the Commission and in the screening process for commissioners.
Soon after the 2002 Screening Committee issued its report, members of the General Assembly requested the Legislative Audit Council (LAC) to conduct an audit of the Commission. The LAC issued a report and made recommendations to the General Assembly to address the following concerns: (1) maintaining due process and ethics; (2) strengthening qualifications of commissioners; (3) staggering terms so that all commissioners would not be elected at the same time; (4) prohibiting not only legislators, but also their immediate family members, from being elected as commissioners for four years after the legislator left the General Assembly; and (5) either splitting the Commission into two separate agencies, one comprised of commissioners and an advisory staff, and the other to be comprised of legal and technical persons to represent the public interest, or have the Commission itself create a permanent staff to advise the Commission, in addition to its technical and legal staff, to prevent ex parte communications from occurring between parties and commissioners and their advisors. Act 175 accomplished all of the changes suggested by the 2002 Screening Committee and the LAC.
In its report to the General Assembly, the 2002 Screening Committee stated that at the next screening it would: (1) insist on candidates having clear financial and credit reports prior to the screening process; (2) place substantial emphasis on a candidate's knowledge of Commission operations and hold incumbents to a higher standard; (3) survey Commission staff and parties appearing before the Commission to determine the strengths and weaknesses of individual commissioners; and (4) consider commissioners' attendance records. The PSC Screening Review Committee considered all of the above items in screening the four applicants.


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Legal Qualifications

Act 175 requires that for terms beginning after June 30, 2006, members of the Commission must have the following qualifications:

(1)   a baccalaureate or more advanced degree; and

(2)   a background of substantial duration and an expertise in at least one of the   following areas:

(a) energy;

(b) telecommunications;

(c) consumer protection and advocacy;

(d) water and wastewater;

(e) finance, economics, and statistics;

(f) accounting;

(g) engineering; or

(h) law.
S.C. Code Ann. Section 58-3-530. Incumbent commissioners are not required to meet the above qualifications. Also, the Review Committee may find a candidate qualified even though he does not have a background of substantial duration and an expertise in at least one of the above areas if three-fourths of the Review Committee vote to qualify the candidate.
The Review Committee is also required to consider: "(1) the ability, dedication, compassion, common sense, and integrity of the candidates; and (2) the race and gender of the candidates and other demographic factors to assure nondiscrimination to the greatest extent possible of all segments of the population of the State." S.C. Code Ann. Section 58-3-560. The determination of legal qualifications includes a determination of the candidate's residence in the appropriate Public Service Commission district as established by Section 58-3-20, the candidate's eligibility for election as determined by Section 58-3-24, and the candidate's compliance with constitutional provisions limiting election to those persons eligible to be electors of this State.

General Qualifications

To determine fitness beyond mere legal qualifications, the Review Committee considered each candidate 's experience; temperament compliance with and knowledge of legal and ethical constraints on public service; knowledge of Commission operations; demonstrated or potential aptitude for meaningful leadership and/or service at the Commission; and demonstrated integrity, including the handling of personal financial affairs. The Review Committee then considered each candidate as a whole and formulated an overall recommendation.


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Experience

Act 175 requires that commissioners have a background of substantial duration and an expertise in energy; telecommunications; consumer protection and advocacy; water and wastewater; finance, economics, and statistics; accounting; engineering; or law. The Review Committee considered not only whether a candidate has succeeded in one of these fields but also whether the candidate has the capability of transferring this success and knowledge to the operations of the Commission. Although incumbent commissioners are exempted from this requirement, the Review Committee focused on each incumbent commissioner's success as a commissioner and his or her initiative in gaining experience in a variety of ways, including attendance at public utility seminars and workshops, judicial training, and committee work with national and regional organizations. The transcript appended to this report contains each applicant's background and employment history.

Temperament

The Review Committee sought to determine if a candidate's sense of the role he is to fill on the Commission is such that his work will be productive, proactive, and protective of the interests of all South Carolinians.

Compliance with and Knowledge of Legal and Ethical Constraints

Act 175 requires that commissioners adhere not only to the State Ethics Act, but also to the Judicial Code of Conduct. The Review Committee believes that not only must the candidates be aware of the legal and ethical constraints, they must have conducted and comported themselves with the highest regard for ethics in their actions.

Potential Aptitude for Meaningful Leadership and/or
Service at the Public Service Commission

Given the history that led to the enactment of Act 175, the Review Committee considered whether a candidate shows an aptitude for service as a commissioner, whether as a leader or a follower or both. In 2002, the 2002 Screening Committee found that an absence of leadership at the Commission led to problems such as prohibited ex parte communications, tension between commissioners and staff, and the lack of a coherent agency vision. The Review Committee believes that the Commission should have strong leadership, be working toward common goals, be a positive influence on employees, and ensure that


Printed Page 3027 . . . . . Tuesday, May 9, 2006

parties and persons appearing before the Commission are treated fairly and impartially. The Review Committee therefore sought to gauge each candidate's potential aptitude to serve as a leader and/or as a commissioner supporting the goals and mission of the agency.

Integrity
Candidates must assure the Review Committee that their word is their bond. Particular attention is given to the way candidates have managed their financial affairs.

Substantive Knowledge of Commission Operations
The Review Committee believes that every candidate, whether incumbent or non-incumbent, must be required to demonstrate some basic understanding of the role of the Commission and its operations. It would be unfair, however, to require non-incumbents to have accumulated a wealth of knowledge about Commission operations specifically, or regulated utilities generally. Unlike incumbent commissioners, challengers have not had the benefit of a compensated opportunity to educate themselves in hearings or through conversations with Commission staff. The Review Committee expects that incumbents and others who have substantial experience appearing before the Commission should be able to discuss these matters with a greater fluency than those persons who have to date committed themselves to other employment. The Review Committee emphasizes that the substantive knowledge findings contained in this report are a measure of a candidate's knowledge at the time of his candidacy and are not necessarily indicative of a candidate's ability to subsequently master Commission operations and the multitude of issues relating thereto.

Findings As To Qualifications and Nominations
The Review Committee finds all four candidates, David A. Wright (Seat 2), Sidney S. Locke (Seat 2), Elizabeth B. Fleming (Seat 4), and Mignon L. Clyburn (Seat 6), meet the required legal qualifications. The Review Committee nominates the following candidates:

Seat 2:       Sidney S. Locke

David A. Wright


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Seat 4:       Elizabeth B. Fleming

Seat 6:       Mignon L. Clyburn

/s/ Sen. Thomas L. Moore   /s/ Rep. Harry F. Cato

Chairman         Vice Chairman
/s/ Sen. Thomas C. Alexander   /s/ Elizabeth H. Atwater, Esquire
/s/ Erin B. Crawford, Esquire   /s/ Rep. Harry L. Ott, Jr.
/s/ Sen. Luke A. Rankin, Sr.   /s/ Rep. William E. Sandifer III
John Steven Simmons, Esq.   /s/ Helen T. Zeigler, Esq.

CANDIDATES FOR SEAT 2

Sidney Seymour Locke
Address:   112 Beaver Dam Road
Columbia, SC 29223
Overall Recommendation:

Mr. Locke was evaluated as being of AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

Sidney Seymour Locke was born in Elberton, Georgia, on December 4, 1940. He married Mattie Henrietta Smith Locke on July 4, 1970, and has two adult children. He received a B.S. in Chemistry from the University of Georgia in 1963, a M.Ed. in Science Education from the University of South Carolina in 1975, and a six-year certificate (30 hours beyond a Master' s degree) in Science Education from the University of South Carolina in 1980.

Mr. Locke taught Physics and Chemistry at Spring Valley High School from 1972-2001 and was Department Head from 1977-2001. He was a Chemist for E.I. Dupont from 1965 to 1972. He served for two years in the U.S. Army Infantry, achieving the rank of Specialist 4. He was honorably discharged in 1964. He owns a small postage stamp vending business.
Test Score:

Mr. Locke received an overall score of 56.0.
General Qualifications:

Mr. Locke was evaluated to be of AVERAGE experience to serve on the Commission.

Mr. Locke was evaluated to be of APPROPRIATE temperament to serve on the Commission.


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Mr. Locke was evaluated to have AVERAGE knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Mr. Locke was evaluated as having AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service on the Commission.

Mr. Locke was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the Commission.

Mr. Locke was evaluated to have BELOW AVERAGE substantive knowledge of the operations of the Commission. Mr. Locke acknowledged at the public hearing that he knows "very little about what the commission does, what the mechanism is." Tr. p. 69, ll. 3-5.   Mr. Locke has an extensive background in the sciences; however, the Subcommittee has some concerns about his basic understanding of the various ranges of issues before the Commission, the Commission's jurisdictional authority, and the purposes behind the regulation of public utilities.

David Austin Wright
Address:   341 North Stonehedge Drive
Columbia, SC 29210
Overall Recommendation:

Mr. Wright was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:

David Austin Wright was born in Charlotte, North Carolina on July 22, 1955. He married Amy Elizabeth Floyd on November 4, 1995, and is the father of four children, three from a previous marriage. He received a B.A. from Clemson University in 1977, with a major in Political Science and a minor in Communications.

Mr. Wright serves as a member of the Public Service Commission, having been elected March 3, 2004. He is a member of the National and Southeastern Associations of Regulatory Utility Commissioners (NARUC and SEARUC), serves on several subcommittees of NARUC, and is 2nd Vice Chairman of SEARUC. He is the sole proprietor of David Wright Communications, a public relations and advertising business. He was a consultant for the S.C. Department of Agriculture from January to July of 2001. He was a lobbyist for the S.C. Association of Manufactured Homes and the S.C. Department of


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Agriculture in 1999 and for MHS Enterprises in 1998. He was the owner/operator of a Hickory Farms of Ohio franchise in Columbia, S.C. from 1981 to 1992. He was the director of communications for the S.C. Republican Party from 1979 to 1981. He worked in press relations for the Floyd Spence for Congress Committee in 1978. He was an account executive for Wingate Advertising from 1977 to 1978. He has held the following political offices: (1) member of the S.C. House of Representatives, November 1988 to November 1996; (2) mayor of the Town of Irmo, September 1985 to October 1988; and (3) member of the Irmo Town Council, September 1983 to September 1985.
Test Score:

Mr. Wright received an overall score of 79.1.
General Qualifications:

Mr. Wright was evaluated to be of OUTSTANDING experience to serve on the Commission.

Mr. Wright was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Mr. Wright was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Mr. Wright was evaluated as having ABOVE AVERAGE demonstrated or potential aptitude for meaningful leadership and/or service on the Commission.

Mr. Wright was evaluated as being ADEQUATE in demonstrated integrity (including the maintenance of personal financial affairs) for service on the Commission.

Mr. Wright was evaluated to have OUTSTANDING substantive knowledge of the operations of the Commission.

CANDIDATE FOR SEAT 4

Elizabeth B. Fleming
Address:   314 Glendalyn Place

Spartanburg, South Carolina 29302
Overall Recommendation:

Ms. Fleming was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.
Personal Information, Educational Background, and Work Experience:


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Elizabeth B. "Lib" Fleming was born November 7, 1942, in Spartanburg, South Carolina. She graduated from Converse College with a B.A. in Sociology in 1965. She married Harold Edward Fleming, MD on August 18, 1961, and is the mother of four children.

She was elected to the Public Service Commission on March 3, 2004, and presently serves on the Public Service Commission representing the 4th Congressional District. Ms. Fleming worked as a program director with Head Start in 1967 and with the Federal government on the Walker River Indian Reservation in Schurz, Nevada. She served on Spartanburg City Council from 1994 to 2004. She is a member of numerous professional and community service organizations, including the National and Southeastern Associations of Regulatory Utility Commissioners (NARUC and SEARUC), and serves on several subcommittees of NARUC.
Test Score:

Ms. Fleming received an overall score of 71.9.
General Qualifications:

Ms. Fleming was evaluated to be of OUTSTANDING experience to serve on the Commission.

Ms. Fleming was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Ms. Fleming was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Ms. Fleming was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the Commission.

Ms. Fleming was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the Commission.

Ms. Fleming was evaluated to have ABOVE AVERAGE substantive knowledge of the operations of the Commission.

CANDIDATE FOR SEAT 6

Mignon L. Clyburn
Address:   16 Darlington Avenue

Charleston, South Carolina 29403
Overall Recommendation:

Ms. Clyburn was evaluated as being of ABOVE AVERAGE qualification to serve on the Public Service Commission.


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Personal Information, Educational Background, and Work Experience:

Mignon Leticia Clyburn was born on March 22, 1962, in Charleston, South Carolina. She is single. She graduated from Keenan High School in 1980 and received a Bachelor of Science degree in Business Administration from the University of South Carolina in 1984.

Ms. Clyburn presently serves on the Public Service Commission representing the 6th Congressional District. Prior to being elected to the Public Service Commission in 1998, she was editor and general manager of a weekly newspaper, the Coastal Times. She held that position from 1984-1998. She is also an officer in Indigo Holdings (which is engaged in single dwelling real estate investments). Ms. Clyburn is a member of the National and Southeastern Associations of Regulatory Utility Commissioners (NARUC and SEARUC) and serves on several subcommittees of NARUC.
Test Score:

Ms. Clyburn received an overall score of 76.7. General Qualifications:

Ms. Clyburn was evaluated as having OUTSTANDING experience to serve on the Commission.

Ms. Clyburn was evaluated to be of APPROPRIATE temperament to serve on the Commission.

Ms. Clyburn was evaluated to have OUTSTANDING knowledge of and compliance with legal and ethical constraints regarding service on the Commission.

Ms. Clyburn was evaluated as having OUTSTANDING potential aptitude for meaningful leadership and/or service on the Commission.

Ms. Clyburn was evaluated as being ADEQUATE in demonstrating integrity (including the maintenance of personal financial affairs) for service on the Commission.

Ms. Clyburn was evaluated to have ABOVE AVERAGE substantive knowledge of the operations of the Commission.

Received as information.


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H. 4165--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate:

MESSAGE FROM THE SENATE

Columbia, S.C., May 4, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4165:

H. 4165 (Word version) -- Reps. M. A. Pitts, Rhoad, Umphlett, E. H. Pitts, Loftis, Whipper, Witherspoon, Haley, Hardwick, Agnew, Anderson, Vaughn, Mahaffey, Leach, Bales, Clemmons, Cooper, Littlejohn, Owens, Taylor, Weeks, Whitmire, Duncan and Toole: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRITERIA FOR HIRING NATURAL RESOURCES ENFORCEMENT OFFICERS, SO AS TO REVISE THE RESIDENCY REQUIREMENTS FOR THESE ENFORCEMENT OFFICERS.
and asks for a Committee of Conference and has appointed Senators Bryant, Sheheen and Gregory of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. M. A. PITTS, RHOAD and UMPHLETT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., April 20, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Hayes and Verdin of the Committee of Conference on the part of the Senate on H. 3402:

H. 3402 (Word version) -- Reps. M. A. Pitts, Taylor, Owens, Duncan, Vick, Hardwick, Hagood, Ott, Ceips, Haley, Hiott, Limehouse, E. H. Pitts, G. R. Smith, Toole, Umphlett, Witherspoon, Chellis, Stewart,


Printed Page 3034 . . . . . Tuesday, May 9, 2006

Mahaffey, Barfield, Huggins, Loftis, White, Clemmons, Walker, Littlejohn and Sinclair: A BILL TO AMEND SECTION 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS IN MATTERS RELATING TO CAMPAIGN PRACTICES AND IN MATTERS RELATING TO LOBBYISTS AND LOBBYING, RESPECTIVELY, INCLUDING THE DEFINITION OF LEGISLATIVE CAUCUS COMMITTEE, SO AS TO PROVIDE THAT SUCH A CAUCUS MAY BE CREATED BASED UPON A SPECIAL LEGISLATIVE INTEREST.

Very respectfully,
President
Received as information.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 8, 2006
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 277, S. 800 by a vote of 31 to 3.

(R277) S. 800 (Word version) -- Senators Sheheen and Hawkins: AN ACT TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED FIFTY DOLLARS.

Very respectfully,
President

R. 229, S. 800--ORDERED PRINTED IN THE JOURNAL

The SPEAKER ordered the following veto printed in the Journal:

May 3, 2006
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202


Printed Page 3035 . . . . . Tuesday, May 9, 2006

Dear Mr. President and Members of the Senate:
I am hereby vetoing and returning without my approval S. 800 (Word version), R. 277, a Bill that would increase the monetary fine and permit custodial arrest for adults who violate the child restraint law.
In allowing primary enforcement of the seat belt law to become law without my signature, I was transparent about my intentions with respect to future seat belt laws:
"I want to be clear in my commitment to veto any further changes unless they involve transitioning to seat belt enforcement built around admissibility in the courtroom for seat belt usage. I think that provision is key to holding people responsible for their own actions while preserving their freedom and ability to weigh the consequences of those actions."
Like the seat belt Bill, this Bill fails to recognize one of the central tenets of responsibility in a legal sense - admissibility in a court of law. The domain of personal judgment should be preserved as people make these types of decisions and, likewise, individuals should know that if they make the wrong decision and are in a wreck they may not be able to collect damages that would otherwise be afforded to them and their families had they made a different decision.
However, that is not the case with S. 800, as violation of the amended article remains inadmissible as evidence in any civil trial. In view of this gaping exemption, I believe this Bill's attempt at attaching personal responsibility to this offense by increasing a modest fine is half-hearted at best. In any case, I am bound by my earlier words to veto this legislation.
In dealing with issues like S. 800, I believe we must keep a watchful eye out for the intrusion of government into our homes and families. Small children should be secured in safety seats, but making sure they do so is the primary responsibility of parents, not the government.
Government's involvement often comes at the expense of undermining parental responsibility and authority and, I believe, this course in the long run is troubling. It has been proven that it is more dangerous to drive at night or in the rain - are these times when parents should be penalized for taking those additional risks with the lives of their children? Different parents have very different views on the degree to which activities around the house are dangerous. Folks in the country view certain activities as just part of growing up while people in the city might see them as life-threatening. Should a parent look at custodial arrest because society at large holds a different view of risks

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they have deemed acceptable within their own family? Should government manufactured safety seats financed with your tax dollars ultimately be a requirement in all cars?
After all, if our real goal is to make sure children are in booster seats and we are working from the notion that government can best decide the smallest of decisions for its citizens, why not charge an agency with issuing safety seats to all new mothers and policing their mandated use? I think some lines have to be drawn on government mandating parental decisions when government will not start with the basics - that individuals and families ought to be liable and responsible for their own actions.
In and of itself, there is nothing wrong with the motivation behind S. 800, but, bit by bit, I do believe legislation like this saps parents of their duty to be responsible - furthering our nation's growing dependence on its government without truly acquainting offenders with personal responsibility for their actions. Again, I want to be consistently clear on this notion of personal responsibility as it relates to seat belts - I cannot, in good conscience, sign a seat belt Bill that fails to address the current inadmissibility of seat belt evidence in a court of law.
For the reasons stated above, I am vetoing S. 800, and returning it without my approval.

Sincerely,
Mark Sanford
Governor

R. 229, S. 800--GOVERNOR'S VETO OVERRIDDEN

The Veto on the following Act was taken up:

(R277) S. 800 (Word version) -- Senators Sheheen and Hawkins: AN ACT TO AMEND SECTION 56-5-6450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR A VIOLATION OF CHILD RESTRAINT LAWS, SO AS TO INCREASE THE FINE FROM TWENTY-FIVE DOLLARS TO ONE HUNDRED FIFTY DOLLARS.

Rep. HARRISON explained the Veto.


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The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 90; Nays 14

Those who voted in the affirmative are:

Agnew                  Altman                 Anderson
Anthony                Bailey                 Bales
Ballentine             Barfield               Battle
Bingham                Brady                  Branham
G. Brown               Cato                   Chalk
Chellis                Clark                  Clemmons
Clyburn                Coates                 Coleman
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Duncan
Edge                   Emory                  Frye
Funderburk             Govan                  Hagood
Haley                  Hardwick               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Huggins                Jefferson              Jennings
Kirsh                  Leach                  Limehouse
Lucas                  McCraw                 McGee
McLeod                 Merrill                Miller
J. H. Neal             J. M. Neal             Neilson
Owens                  Perry                  Phillips
Pinson                 E. H. Pitts            Rice
Rivers                 Sandifer               Scarborough
Scott                  Simrill                Sinclair
Skelton                D. C. Smith            G. M. Smith
J. E. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Umphlett               Vick
Walker                 Weeks                  White
Whitmire               Witherspoon            Young

Total--90


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Those who voted in the negative are:
Bannister              Breeland               J. Brown
R. Brown               Hamilton               Littlejohn
Loftis                 Mack                   Mahaffey
Moody-Lawrence         Norman                 G. R. Smith
Tripp                  Vaughn

Total--14

So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

On motion of Rep. G. BROWN, with unanimous consent, the following was taken up for immediate consideration:

H. 5102 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE LEE CENTRAL HIGH SCHOOL BOYS BASKETBALL TEAM, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 2006 STATE AA BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the players, coaches, and school officials of the Lee Central High School Boys Basketball Team, at a date and time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 2006 State AA Basketball Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5103 (Word version) -- Rep. G. Brown: A HOUSE RESOLUTION TO CONGRATULATE THE LEE CENTRAL HIGH SCHOOL BOYS BASKETBALL TEAM OF LEE COUNTY ON ITS MOST


Printed Page 3039 . . . . . Tuesday, May 9, 2006

IMPRESSIVE STATE AA BASKETBALL CHAMPIONSHIP TITLE AND TO HONOR ITS PLAYERS AND THEIR COACH, LAVERNE KNOX, ON ANOTHER EXTRAORDINARY SEASON.

The Resolution was adopted.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 5104 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE OMNIBUS SECURITY AND IMMIGRATION COMPLIANCE ACT, BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 8 SO AS TO REQUIRE PUBLIC EMPLOYERS OF THE STATE TO REGISTER AND PARTICIPATE IN THE FEDERAL WORK AUTHORIZATION PROGRAM AND TO PROHIBIT PUBLIC EMPLOYERS OF THE STATE FROM ENTERING INTO CONTRACTS FOR SERVICES UNLESS THE CONTRACTORS AND SUBCONTRACTORS COMPLY WITH THE FEDERAL WORK AUTHORIZATION PROGRAM VERIFYING INFORMATION ON ALL NEW EMPLOYEES; BY ADDING SECTION 12-6-3595 SO AS TO DEFINE THE TERMS "AUTHORIZED EMPLOYEE" AND "LABOR SERVICES", TO DISALLOW A DEDUCTIBLE BUSINESS EXPENSE UNDER CERTAIN CIRCUMSTANCES UNLESS THE PERSON EMPLOYED IS AN AUTHORIZED EMPLOYEE, AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 12-8-610 SO AS TO REQUIRE AN EMPLOYER TO WITHHOLD SIX PERCENT OF THE COMPENSATION PAID TO CERTAIN EMPLOYEES WHO FAIL TO PROVIDE CERTAIN INFORMATION RELATED TO TAXPAYER IDENTIFICATION NUMBERS; BY ADDING SECTION 23-3-80 SO AS TO DIRECT THE CHIEF OF THE STATE LAW ENFORCEMENT DIVISION TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE AND THE DEPARTMENT OF JUSTICE OR THE DEPARTMENT OF HOMELAND SECURITY CONCERNING THE ENFORCEMENT OF FEDERAL IMMIGRATION AND CUSTOMS LAWS IN THE STATE; BY ADDING CHAPTER 50 TO TITLE 23 SO AS TO REQUIRE REASONABLE EFFORTS BY LOCAL LAW ENFORCEMENT OFFICIALS TO DETERMINE THE


Printed Page 3040 . . . . . Tuesday, May 9, 2006

NATIONALITY OF PERSONS CHARGED WITH FELONIES OR DRIVING UNDER THE INFLUENCE OFFENSES; BY ADDING CHAPTER 91 TO TITLE 40 SO AS TO PROVIDE REQUIREMENTS FOR PERSONS ENGAGED IN THE PROFESSION OF PROVIDING IMMIGRATION ASSISTANCE; BY ADDING ARTICLE 11 TO CHAPTER 5, TITLE 43 SO AS TO REQUIRE A STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE TO VERIFY THE LAWFUL PRESENCE OF A PERSON SEEKING TO OBTAIN PUBLIC BENEFITS; AND TO CREATE A STUDY COMMITTEE TO STUDY APPROPRIATE ENFORCEMENT OF FEDERAL AND STATE LAWS RELATING TO THE PRESENCE OF ILLEGAL ALIENS IN THIS STATE AND TO RECOMMEND LEGISLATIVE CHANGES AS APPROPRIATE.
Referred to Committee on Judiciary

S. 1261 (Word version) -- Senators Verdin, Knotts, Mescher, Alexander, Grooms, Bryant, Peeler, Campsen, Leatherman, McConnell and Ryberg: A BILL TO AMEND SECTION 23-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO DEFINE "QUALIFIED NON-RESIDENT"; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF PERMITS OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT SLED MUST ISSUE A PERMIT TO CARRY A CONCEALABLE WEAPON TO A RESIDENT OR QUALIFIED NON-RESIDENT UPON PROPER APPLICATION.
Referred to Committee on Judiciary

S. 1386 (Word version) -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE SUPERINTENDENT OF EDUCATION MUST BE ELECTED IN A NONPARTISAN ELECTION FOR A TERM OF TWO YEARS; TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY APPOINT A NEW SUPERINTENDENT IN THE EVENT OF A VACANCY; TO PROVIDE THAT THE CURRENT SUPERINTENDENT OF EDUCATION SHALL CONTINUE TO SERVE THROUGH JUNE 30, 2007; TO PROVIDE THAT THE OCONEE LEGISLATIVE DELEGATION MAY APPOINT THE SUPERINTENDENT OF EDUCATION IF NO PERSON QUALIFIES


Printed Page 3041 . . . . . Tuesday, May 9, 2006

AS A CANDIDATE; TO PROVIDE THAT THE DUTIES AND COMPENSATION OF THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION MUST BE DETERMINED BY THE DELEGATION; AND TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY RELATING TO WHETHER THE OFFICE OF THE ELECTED SUPERINTENDENT OF EDUCATION OF OCONEE COUNTY SHOULD BE ABOLISHED AND TO PROVIDE FOR CERTIFICATION OF REFERENDUM RESULTS AND COSTS.
Referred to Oconee Delegation

HOUSE RESOLUTION

The following was introduced:

H. 5105 (Word version) -- Reps. Harrell, Altman, Breeland, R. Brown, Chellis, Dantzler, Hagood, Limehouse, Mack, Merrill, Miller, Scarborough, Whipper, Young, Agnew, Allen, Anderson, Anthony, Bailey, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowers, Brady, Branham, G. Brown, J. Brown, Cato, Ceips, Chalk, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Haley, Hamilton, Hardwick, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Littlejohn, Loftis, Lucas, Mahaffey, Martin, McCraw, McGee, McLeod, Mitchell, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, White, Whitmire and Witherspoon: A HOUSE RESOLUTION TO HONOR ANGELA WALKER, MISS CHARLESTON, FOR HER FAMILIES HELPING FAMILIES INITIATIVE AND TO WISH HER LUCK AS SHE COMPETES AS ONE OF THE CONTESTANTS OF THE 2006 MISS SOUTH CAROLINA PAGEANT IN JULY OF 2006.

The Resolution was adopted.


Printed Page 3042 . . . . . Tuesday, May 9, 2006

HOUSE RESOLUTION

On motion of Rep. BAILEY, with unanimous consent, the following was taken up for immediate consideration:

H. 5106 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, AND SCHOOL OFFICIALS OF THE PINEWOOD PREPARATORY SCHOOL GOLF TEAM ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, and school officials of the Pinewood Preparatory School Golf Team on a date and at a time to be determined by the Speaker.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5107 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A HOUSE RESOLUTION COMMENDING DORCHESTER COUNTY'S PINEWOOD PREPARATORY SCHOOL GOLFERS ON THEIR 2006 SCISA AAA CHAMPIONSHIP AND GOLF COACH GREG BAECHTLE AND HIS STAFF FOR THEIR 31-4 SEASON MARK.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5108 (Word version) -- Rep. Rivers: A HOUSE RESOLUTION TO CONGRATULATE MR. AND MRS. NORMAN M. HORTON, SR., ON THEIR OUTSTANDING FIFTY YEAR WEDDING ANNIVERSARY, AND TO WISH THEM EVERY HAPPINESS IN THE COMING YEARS.

The Resolution was adopted.


Printed Page 3043 . . . . . Tuesday, May 9, 2006

HOUSE RESOLUTION

The following was introduced:

H. 5109 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO COMMEMORATE THE TWENTIETH ANNIVERSARY OF THE SOUTH CAROLINA POULTRY FESTIVAL IN BATESBURG-LEESVILLE AND TO HONOR THOSE PLANNING AND PARTICIPATING IN THE 2006 FESTIVAL ON MAY 11-13.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1401 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO CELEBRATE THE REMARKABLE LIFE OF MR. WILLIAM D. TAYLOR, SR., OF CLINTON, ON THE JOYOUS OCCASION OF HIS NINETY-THIRD BIRTHDAY AND TO WISH HIM MANY MORE YEARS OF HEALTH AND HAPPINESS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1402 (Word version) -- Senator Short: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT NUMBER 55 ALONG INTERSTATE HIGHWAY 77 IN CHESTER COUNTY THE "SOLICITOR JOHN R. JUSTICE INTERCHANGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE THAT CONTAIN THE WORDS "SOLICITOR JOHN R. JUSTICE INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 3044 . . . . . Tuesday, May 9, 2006

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1409 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR THE REVEREND EDWARD A. MCCLAIN, JR., OF CHARLESTON COUNTY, FOR HIS LIFETIME COMMITMENT AND DEDICATION TO COMMUNITY SERVICE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Agnew                  Allen                  Altman
Anderson               Anthony                Bailey
Bales                  Ballentine             Bannister
Barfield               Battle                 Bingham
Bowers                 Brady                  Branham
Breeland               G. Brown               J. Brown
R. Brown               Cato                   Chalk
Chellis                Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cooper                 Cotty                  Dantzler
Davenport              Duncan                 Edge
Emory                  Frye                   Funderburk
Govan                  Hagood                 Haley
Hamilton               Hardwick               Harrell
Harrison               Hayes                  Herbkersman
J. Hines               M. Hines               Hinson
Hiott                  Hodges                 Hosey
Howard                 Huggins                Jefferson
Jennings               Kennedy                Kirsh
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Mack
Mahaffey               McCraw                 McGee
McLeod                 Merrill                Miller
Moody-Lawrence         J. H. Neal             J. M. Neal
Norman                 Ott                    Owens
Perry                  Phillips               Pinson
E. H. Pitts            M. A. Pitts            Rhoad

Printed Page 3045 . . . . . Tuesday, May 9, 2006

Rice                   Rivers                 Sandifer
Scarborough            Scott                  Simrill
Sinclair               Skelton                D. C. Smith
F. N. Smith            G. M. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Stewart
Talley                 Taylor                 Thompson
Toole                  Townsend               Tripp
Umphlett               Vaughn                 Vick
Viers                  Walker                 Weeks
White                  Whitmire               Witherspoon
Young

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 9.

Denny Neilson                     Greg Delleney
Marty Coates                      Todd Rutherford
Harold Mitchell
Seth Whipper   Cathy Harvin

Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. CEIPS a leave of absence for the day due to medical reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HARVIN a temporary leave of absence.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MARTIN a leave of absence for the day due to business reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PARKS a leave of absence for the today and tomorrow due to illness.


Printed Page 3046 . . . . . Tuesday, May 9, 2006

DOCTOR OF THE DAY

Announcement was made that Dr. Ted A. Watson of Greenville is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3483 (Word version)
Date:   ADD:
05/09/06   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 5064 (Word version)
Date:   ADD:
05/09/06   BALLENTINE

H. 5064--DEBATE ADJOURNED

Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted:

H. 5064 (Word version) -- Reps. J. E. Smith, Cotty, Rutherford, J. H. Neal, Brady, Bales, Harrison and Ballentine: A BILL TO PROVIDE THAT THE AUTHORITY OF THE GOVERNING BODY OF THE RICHLAND COUNTY RECREATION COMMISSION TO LEVY AD VALOREM PROPERTY TAXES UPON ALL TAXABLE PROPERTY IN THE DISTRICT FOR OPERATING OR CAPITAL


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PURPOSES AND TO ISSUE GENERAL OBLIGATION BONDS OR REVENUE BONDS OF THE DISTRICT IS DELETED, AND TO PROVIDE THAT THIS AUTHORITY IS TRANSFERRED TO AND RESTS SOLELY WITH THE RICHLAND COUNTY COUNCIL.

H. 4501--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Wednesday, May 10, which was adopted:

H. 4501 (Word version) -- Reps. G. R. Smith, Witherspoon, Duncan, Leach, Allen, Bailey, Bannister, R. Brown, Cato, Ceips, Cooper, Cotty, Davenport, Edge, Hamilton, Hardwick, Hiott, Huggins, Kirsh, Limehouse, Loftis, Martin, Merrill, Mitchell, Norman, Owens, Perry, Pinson, M. A. Pitts, Rhoad, Rutherford, Scarborough, D. C. Smith, F. N. Smith, G. M. Smith, J. R. Smith, Stewart, Taylor, Tripp, Vaughn, Weeks, White, Young and Hodges: A BILL TO AMEND SECTION 48-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA POLLUTION CONTROL ACT, SO AS TO DEFINE THE TERM "EPHEMERAL STREAM"; AND TO ADD SECTION 48-1-55 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN ADMINISTERING THE POLLUTION CONTROL ACT HAS JURISDICTION OVER AN EPHEMERAL STREAM AS DEFINED ABOVE.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 1082 (Word version) -- Senators Moore, Rankin, Alexander and McConnell: A BILL TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220, AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED;


Printed Page 3048 . . . . . Tuesday, May 9, 2006

SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60, 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; ARTICLE 13, CHAPTER 17, TITLE 58; 58-17-1850, 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 58-27-1560, 58-27-1570, 58-27-1590, 58-27-

Printed Page 3049 . . . . . Tuesday, May 9, 2006

1720, 58-27-1730, 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 58-33-20, AND 58-33-120; SECTION 58-33-140, AS AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004, WHICH CREATED THE OFFICE OF REGULATORY STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION UPON THIS OFFICE AND WHICH PROVIDED FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN THE COMMISSION AND THIS OFFICE, AND IN CONFORMING THE PROVISIONS CONTAINED IN THIS ACT WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO REPEAL SECTIONS 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO CERTAIN POWERS OF THE PUBLIC SERVICE COMMISSION.

Rep. SANDIFER explained the Bill.

S. 1238 (Word version) -- Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott: A BILL TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY


Printed Page 3050 . . . . . Tuesday, May 9, 2006

OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.

Rep. SANDIFER explained the Bill.

H. 4633 (Word version) -- Reps. Bingham, Cato, Tripp, Chellis, Loftis and Bailey: A BILL TO AMEND SECTION 38-90-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF A CAPTIVE INSURANCE COMPANY, SO AS TO PROVIDE THAT AN EMPLOYER WHO MAY SELF-FUND WORKERS' COMPENSATION COVERAGE IS AUTHORIZED TO WRITE WORKERS' COMPENSATION COVERAGE DIRECTLY THROUGH A CAPTIVE INSURANCE COMPANY; AND TO AMEND SECTION 42-5-20, AS AMENDED, RELATING TO INSURANCE OR PROOF OF FINANCIAL ABILITY TO PAY, SO AS TO AUTHORIZE A CAPTIVE INSURANCE COMPANY, WHICH MAY PAY DIRECTLY COMPENSATION, THE ABILITY TO WRITE WORKERS' COMPENSATION INSURANCE.

Rep. BINGHAM explained the Bill.

H. 4977--REQUESTS FOR DEBATE

The following Joint Resolution was taken up:

H. 4977 (Word version) -- Reps. Cato, Sandifer, Cooper, Barfield, Mitchell, Anthony, Chellis, Delleney, Duncan, Edge, Harrison, Harvin, Jefferson, Jennings, Kennedy, Leach, Mahaffey, McCraw, Norman, Ott, Perry, Rice, Scott, Sinclair, F. N. Smith, J. E. Smith, W. D. Smith, Talley, Townsend, Tripp, Vick, Walker, White and Witherspoon: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE THE FEASIBILITY OF NATURAL GAS EXPLORATION IN THE ATLANTIC OCEAN OFF THE COAST OF SOUTH CAROLINA, TO PROVIDE FOR ITS COMPOSITION, APPOINTMENT, POWERS, DUTIES, AND RESPONSIBILITIES, AND TO REQUIRE THE COMMITTEE TO MAKE A REPORT ON ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 13, 2007 AT WHICH TIME IT IS DISSOLVED.

Reps. HERBKERSMAN, RIVERS, HAGOOD, CHALK, VIERS, JENNINGS, SANDIFER, J. H. NEAL, SCOTT, CATO, J. E. SMITH,


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MCLEOD, EDGE, WEEKS, MERRILL, WHITMIRE, HINSON, AGNEW, BOWERS, HODGES, JEFFERSON, THOMPSON, MAHAFFEY, G. R. SMITH, MOODY-LAWRENCE, LIMEHOUSE and R. BROWN requested debate on the Joint Resolution.

H. 3996--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3996 (Word version) -- Reps. Cato, Chellis, Tripp, Scarborough and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-485 SO AS TO PROVIDE THAT THE CREATION OF A PROTECTED CELL DOES NOT CREATE A LEGAL PERSON SEPARATE FROM A SPECIAL PURPOSE FINANCIAL CAPTIVE (SPFC); BY ADDING SECTION 38-90-515 SO AS TO PROVIDE THAT SECURITIES ISSUED BY A SPFC PURSUANT TO INSURANCE SECURITIZATION MAY NOT BE CONSIDERED TO BE INSURANCE OR INSURANCE CONTRACTS; TO AMEND SECTION 38-13-400, RELATING TO THE REPORT REQUIRED TO BE FILED DISCLOSING MATERIAL ACQUISITIONS AND DISPOSITIONS OF ASSETS OR MATERIAL NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE; TO AMEND SECTION 38-13-410, RELATING TO REPORTING AN INSURER'S ACQUISITIONS OR DISPOSITIONS OF ASSETS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-13-420, RELATING TO REPORTING NONRENEWALS, CANCELLATIONS, OR REVISIONS OF CEDED REINSURANCE AGREEMENTS, SO AS TO ADD HEALTH MAINTENANCE ORGANIZATIONS TO THE REPORTING REQUIREMENTS; TO AMEND SECTION 38-71-880, AS AMENDED, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL BENEFITS COVERAGE, SO AS TO CHANGE THE DATE FOR THE APPLICABILITY OF BENEFITS FOR SERVICES FURNISHED; TO AMEND SECTION 38-71-1410, RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM, SO AS TO ESTABLISH CODE REFERENCES FOR SELECTING A LICENSED ADMINISTRATOR INSTEAD OF AN ADMINISTERING INSURER; TO AMEND SECTION 38-73-220, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL


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CHANGES, SO AS TO CHANGE CODE REFERENCES FROM THE ARTICLE TO THE CHAPTER; TO AMEND SECTION 38-73-240, RELATING TO RATE FILINGS WHERE THE LINE OF INSURANCE IS DECLARED COMPETITIVE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-260, RELATING TO THE APPROVAL PROCESS FOR INSURANCE RATE LEVEL CHANGES, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-73-270, RELATING TO THE CONSUMER INFORMATION SYSTEM FOR VARIOUS TYPES OF INSURANCE COVERAGE, SO AS TO CHANGE CODE REFERENCES FROM ARTICLE TO CHAPTER; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR COVERAGE UNDER THE SOUTH CAROLINA HEALTH INSURANCE POOL, SO AS TO FURTHER DEFINE COVERAGE FOR AN INDIVIDUAL UNDER THE AGE OF SIXTY-FIVE; TO AMEND SECTION 38-74-60, AS AMENDED, RELATING TO COVERAGE UNDER THE POOL'S MAJOR EXPENSE PROVISIONS, SO AS TO PROVIDE MEDICARE SUPPLEMENTAL HEALTH INSURANCE COVERAGE TO AN INDIVIDUAL FOR REASONS OTHER THAN AGE; TO AMEND SECTION 38-77-530, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO AUTHORIZE THE GOVERNING BOARD OF THE FACILITY TO DECLARE AN ASSESSMENT ON INSURERS; TO AMEND SECTION 38-77-580, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE BOARD; TO AMEND SECTION 38-90-40, AS AMENDED, RELATING TO CAPITALIZATION AND SECURITY REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY IF THE COMPANY PROVIDES THE DIRECTOR WITH EVIDENCE OF MINIMUM REQUIRED UNIMPAIRED PAID-IN CAPITAL; TO AMEND SECTION 38-90-50, AS AMENDED, RELATING TO FREE SURPLUS REQUIREMENTS FOR A CAPTIVE INSURANCE COMPANY, SO AS TO AUTHORIZE THE DIRECTOR OF INSURANCE TO ISSUE A LICENSE TO A CAPTIVE INSURANCE COMPANY CONDITIONED ON EVIDENCE OF MINIMUM REQUIRED FREE SURPLUS; TO AMEND SECTION 38-90-100, AS AMENDED,

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RELATING TO APPLICABILITY OF INVESTMENT REQUIREMENTS FOR AN ASSOCIATION CAPTIVE INSURANCE COMPANY AND AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE A REFERENCE FROM AN INDUSTRIAL INSURED CAPTIVE INSURANCE COMPANY TO A CAPTIVE INSURANCE COMPANY AND ADD A REFERENCE TO A SPECIAL PURPOSE CAPTIVE INSURANCE COMPANY; TO AMEND SECTION 38-90-140, AS AMENDED, RELATING TO THE TAX REQUIRED TO BE PAID TO THE DEPARTMENT OF INSURANCE BY A CAPTIVE INSURANCE COMPANY, SO AS TO CLARIFY ON WHAT THE TAX IS PAYABLE AND ESTABLISH A MAXIMUM TAX; TO AMEND SECTION 38-90-175, RELATING TO THE CAPTIVE INSURANCE REGULATORY AND SUPERVISION FUND, SO AS TO INCREASE FROM TEN TO TWENTY PERCENT THE AMOUNT OF FUNDS THE DEPARTMENT OF INSURANCE SHALL TRANSFER INTO THE FUND; TO AMEND SECTION 38-90-420, RELATING TO DEFINITIONS USED REGARDING SPECIAL PURPOSE FINANCIAL CAPTIVE INSURANCE COMPANIES, SO AS TO ADD THE DEFINITIONS OF "ADMINISTRATIVE LAW COURT", "CONTESTED CASE", AND "THIRD PARTY", AND CHANGE THE DEFINITION OF "INSOLVENCY"; TO AMEND SECTION 38-90-430, RELATING TO THE RELATIONSHIP OF ARTICLE 3, CHAPTER 90, TITLE 38 (SPECIAL PURPOSE FINANCIAL CAPTIVES) TO OTHER TITLE 38 PROVISIONS, SO AS TO ADD A REFERENCE TO A SPFC'S PROTECTED CELL; TO AMEND SECTION 38-90-440, RELATING TO THE REQUIREMENTS OF A SPFC TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CHANGE AND ADD CERTAIN REQUIREMENTS; TO AMEND SECTION 38-90-450, RELATING TO ORGANIZATIONAL REQUIREMENTS OF A SPFC, SO AS TO DELETE THE REQUIREMENT THAT CAPITAL STOCK OF A SPFC MUST BE ISSUED AT NOT LESS THAN PAR VALUE; TO AMEND SECTION 38-90-480, RELATING TO THE ESTABLISHMENT OF PROTECTED CELLS BY A SPFC, SO AS TO CHANGE THE PROCEDURE FOR ESTABLISHING PROTECTED CELLS; TO AMEND SECTION 38-90-550, RELATING TO A MATERIAL CHANGE OF A SPFC'S PLAN OF OPERATION, SO AS TO REQUIRE A STATEMENT OF OPERATIONS BE FILED IF APPROVED OR REQUIRED RATHER THAN REQUESTED BY THE DIRECTOR OF INSURANCE; TO

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AMEND SECTION 38-90-570, RELATING TO THE EXPIRATION OF AUTHORITY GRANTED BY THE DIRECTOR OF INSURANCE ON CESSATION OF BUSINESS, SO AS TO AUTHORIZE THAT THE DIRECTOR SUSPEND OR REVOKE THE LICENSE OF A SPFC FOR FAILURE TO MEET THE PROVISIONS OF SECTION 38-90-480(D); TO AMEND SECTION 38-90-600, RELATING TO THE AUTHORITY OF THE DIRECTOR OF INSURANCE TO PETITION THE CIRCUIT COURT FOR AN ORDER TO CONSERVE, REHABILITATE, OR LIQUIDATE A SPFC DOMICILED IN THIS STATE FOR CERTAIN GROUNDS, SO AS TO ADD ADDITIONAL GROUNDS; TO AMEND SECTION 38-90-620, RELATING TO STANDARDS AND CRITERIA APPLICABLE IN A CONTESTED CASE BROUGHT BY A THIRD PARTY BASED ON THE DECISION OF THE DIRECTOR OF INSURANCE INVOLVING A SPFC, SO AS TO MODIFY THE STANDARDS AND CRITERIA; TO AMEND ACT 154 OF 1997, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SO AS TO DELAY THE REPEAL OF ARTICLE 5, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, FROM JANUARY 1, 2006 TO JANUARY 1, 2010; AND TO AMEND ACT 291 OF 2004, RELATING TO VARIOUS AMENDMENTS TO THE INSURANCE LAW, SO AS TO DELAY THE EFFECTIVE DATE OF SECTION 38-43-106(H) OF THE 1976 CODE FROM MAY 1, 2006 TO MAY 1, 2010.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3752DW06), which was adopted:
Amend the bill, as and if amended, Section 38-13-400(A), SECTION 3, page 7, line 42, by deleting /2005/ and inserting / 2006 /.
When amended Section 38-13-400(A) reads:
/ (A)   Effective January 1, 1995, every each insurer domiciled in this State and, effective July 1, 2006, each health maintenance organization domiciled in this State, shall file a report with the director or his designee disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements, unless such these acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the director or his designee for


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review, approval, or information purposes pursuant to other provisions of the insurance laws, regulations, or other requirements. /
Amend further, page 11, subsection (F) of Section 38-71-880 as contained in SECTION 6, by deleting on line 22 / 2005 / and inserting / 2006 /.
When amended Section 38-71-880(F) reads:
/ (F)   This section shall does not apply to benefits for services furnished on or after December 31, 2003 2006. /
Amend further, page 15, by deleting SECTION 14 in its entirety.
Amend further, beginning on page 15 and line 33, by striking in its entirety Section 38-77-580(A) as contained in SECTION 15, and inserting:
/ (A)   The operations and affairs of the facility are under the direction and control of a governing board of nineteen five persons of whom four must be residents of South Carolina appointed by the Governor of South Carolina to represent consumers. The director shall appoint eight three persons to represent the insurance industry. In making these appointments, the director may accept nominations for qualified individuals from the American Insurance Association, the National Association of Independent Insurers, The Alliance of American Insurers, and any other individual, group, or trade or professional association. However, of the eight persons appointed to represent the insurance industry, not less than five Three persons must be either residents of South Carolina and those who are not residents of South Carolina or must have job responsibilities that include the supervision over South Carolina operations; not less than two must be officers or employees of insurers licensed to transact automobile insurance in South Carolina and domiciled therein. The director shall appoint six persons to represent producers, all of whom must be residents of South Carolina. The state independent agents' association, the South Carolina Professional Auto Insurance Agents' Association, the state professional insurance agents' association, and any other individual, group, or insurance agent, trade, or professional association may nominate qualified candidates for appointment. Vacancies on the board must be published in newspapers of general, statewide circulation. /
Amend further, Section 38-90-40(C), SECTION 16, page 18, by inserting after / any / on line 34 / policy, assume any liability, or otherwise provide /.
When amended Section 38-90-40(C) reads:
/ (C)   For purposes of subsections (A) and (B), the director may issue a license expressly conditioned upon the captive insurance company

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providing to the director satisfactory evidence of possession of the minimum required unimpaired paid-in capital. Until this evidence is provided, the captive insurance company may not issue any policy, assume any liability, or otherwise provide coverage. The director summarily may revoke the conditional license without legal recourse by the company if satisfactory evidence of the required capital is not provided within a maximum period of time, not to exceed one year, to be established by the director at the time the conditional license is issued. /
Amend further, Section 38-90-50(C), SECTION 17, page 21, by inserting after / any / on line 9 / policy, assume any liability, or otherwise provide /.
When amended Section 38-90-50(C) reads:
/ (C)   For purposes of subsections (A) and (B), the director may issue a license expressly conditioned upon the captive insurance company providing to the director satisfactory evidence of possession of the minimum required free surplus. Until this evidence is provided, the captive may not issue any policy, assume any liability, or otherwise provide coverage. The director summarily may revoke the conditional license without legal recourse by the company if satisfactory evidence of the required capital is not provided within a maximum period of time, not to exceed one year, to be established by the director at the time the conditional license is issued. /
Amend further, page 40, by deleting SECTION 30 in its entirety.
Amend further by adding an appropriately numbered SECTION to read:
/ SECTION   __.   The first paragraph of Section 38-75-370 of the 1976 Code is amended to read:

"All members of the association shall participate in its writings, expenses, profits, and losses in the proportion that the net direct premium of the member written in this State during the preceding calendar year two years before the current year bears to the aggregate net direct premiums written in this State by all members of the association, as certified to the association by the department after review of annual statements, other reports, and other statistics which the department considers necessary to provide the information required and which the department is authorized to obtain from a member of the association. After certification by the department, the association may rely on the member company's annual statement in determining the company's participation in profits and losses for each year. /


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Renumber sections to conform.
Amend title to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4889--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 4889 (Word version) -- Reps. Bingham, Perry, Bales, G. Brown, Cato, Chellis, Dantzler, Ott, Sandifer, J. E. Smith, Thompson and Tripp: A BILL TO AMEND SECTION 56-10-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM DURATION OF INSURANCE ISSUED TO MEET MOTOR VEHICLE FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO AUTHORIZE THE CANCELLATION OF A CONTRACT OR INSURANCE POLICY IF THE INSURED FAILS TO PAY THE PREMIUM FOR THE POLICY OR AN INSTALLMENT OF THE PREMIUM WHEN IT IS DUE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3760DW06), which was adopted:
Amend the bill, as and if amended, Section 56-10-280(A)(4), page 2, beginning on line 5, by striking item (4) in its entirety and inserting:
/   (4) the insured fails to pay when due the premium for the policy, an installment of the premium, or an installment payment under a premium service contract. The contract or policy of insurance must remain in effect for at least thirty days. /
Amend further, page 2, by striking SECTION 2 in its entirety and inserting:
/ SECTION   2.   Upon approval by the Governor, this act takes effect August 1, 2006. /
Renumber sections to conform.
Amend title to conform.

Rep. BINGHAM explained the amendment.
The amendment was then adopted.


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The Bill, as amended, was read the second time and ordered to third reading.

Rep. HAYES moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4570 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME HARDY STREET IN DILLON AS "LILIA MCRAE ROAD" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS STREET THAT CONTAIN THE WORDS "LILIA MCRAE ROAD".

H. 5038 (Word version) -- Reps. Thompson and Cooper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 20 IN ANDERSON COUNTY FROM ITS INTERSECTION WITH S 04-54 TO ITS INTERSECTION WITH THE UNITED STATES HIGHWAY 29/SOUTH CAROLINA HIGHWAY 20 CONNECTOR "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY", AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "TROOPER RANDALL LAMAR HESTER MEMORIAL HIGHWAY".

ADJOURNMENT

At 1:13 p.m. the House, in accordance with the motion of Rep. G. BROWN, adjourned in memory of Argent Mort, to meet at 10:00 a.m. tomorrow.

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