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 Numbers 11:14: Moses said to the Lord after they had crossed over into the wilderness when they complained to Moses, "I am not able to carry all this people alone, for they are too heavy."
Let us pray. Lord, we call upon You for help. We are not able to carry our burdens, our responsibilities, our many duties and tasks alone. Provide for each the help we need by sending to us the spirit and leaders to encourage and forge the way. Help us as You helped Moses, that only through You do we accomplish what You desire. Bless our Nation, President, State, Governor, Speaker and all who serve in government and private enterprise. Protect our defenders of freedom at home and abroad as they protect us. In the name of our Lord. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. KIRSH moved that when the House adjourns, it adjourn in memory of Glenn McCarter of Clover, which was agreed to.
The following was received:
Columbia, S.C., May 3, 2007
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. 39, H. 3694, by a vote of 44 to 0:
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 3, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Ryberg, Cleary and Hutto of the Committee of Conference on the part of the Senate on S. 518:
S. 518 (Word version) -- Medical Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-37-50 SO AS TO PROVIDE THAT A HOSPITAL MUST MAKE AVAILABLE TO THE PARENTS OF A NEWBORN BABY A VIDEO PRESENTATION ON THE DANGERS OF SHAKING INFANTS AND MUST REQUEST THAT THE
Very respectfully,
President
Received as information.
The following was received:
Columbia, S.C., May 3, 2007
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 277:
S. 277 (Word version) -- Senator Verdin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-23-830 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MAY MOW BEYOND THIRTY FEET FROM THE PAVEMENT ROADSIDE VEGETATION ADJACENT TO THE PORTION OF INTERSTATE HIGHWAY 385 IN LAURENS COUNTY BETWEEN MILE MARKERS 7 AND 11.
and has ordered the Bill enrolled for ratification.
The following was received:
Columbia, S.C., May 3, 2007
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. 29, S. 451, by a vote of 32 to 4:
(R29) S. 451 (Word version) -- Senators Courson, Setzler, Leatherman and Alexander: AN ACT TO AMEND SECTION 59-119-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND SECTION 9 OF ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.
Very respectfully,
President
The SPEAKER ordered the following Veto printed in the Journal:
May 2, 2007
The Honorable André Bauer
President of the Senate
State House, 1st Floor, East Wing
Columbia, South Carolina 29202
Dear Mr. President and Members of the Senate:
With regret, I am hereby vetoing and returning without my approval S. 451 (Word version), R. 29.
I say this because I have grown to have a great deal of respect and admiration for Senator Courson who was very deliberate in his work in putting this Bill together.
This legislation would allow Clemson University and the University of South Carolina to raise the debt ceiling from $60 million to $200 million for athletic facilities.
Both universities are to be commended in their efforts to better prepare our young people for a brighter future. Their athletic programs are also an important part of college and the extracurricular activities for their students. To this end, we have previously signed legislation for both schools that would increase the bonding capacity for athletic facilities.
However, I believe at some point we have to stop and look closely at the likely long-term effects of this type of legislation, and this veto represents this stopping point for our administration. Specifically, I am concerned that this type of legislation may ultimately lead to increasing both the tuition burden for students and the debt across the State they will one day inherit.
First, since taking office, I have advocated for a more coordinated higher education system so that we can better utilize the money in our education system - and therefore make it more affordable. Our concern has been timely given a recent rating of state higher education systems ranked South Carolina as an "F" regarding our State's affordability. Having a post-secondary program will serve little purpose if our children cannot afford to participate.
Since 1990, South Carolina's in-state tuition at public schools has increased 244 percent. Last year, the Higher Education Pricing Index increased only 3.5 percent, while the average tuition for public four-year universities increased 12 percent - making us the highest among all Southeastern states for in-state tuition. South Carolina also spends the second-highest amount on higher education as a percent of our budget among Southeastern states. Nationwide, only six states dedicate a greater percentage of their budget to higher education than South Carolina. Yet, South Carolina's in-state tuition is double that of Florida, Georgia, and North Carolina - three states that dedicate a smaller portion of their budgets to higher education. There are affordability problems for our students, and we believe it is important to be cautious of any changes that could, in any way, add to this problem.
This piece of legislation is tied to tuition cost, in this way - academic fees have been increased to cover the cost of athletic bonds. Though I
Second, we believe our State is headed in the wrong direction regarding our amount of outstanding debt. In recent years, this problem has only gotten worse:
* State retiree benefits are under funded and amount to an $18 billion liability.
* From 1997 to 2005, South Carolina's state tax supported debt increased 142 percent, from $1.16 billion to around $2.81 billion, making South Carolina's debt expansion the 14th fastest in the nation.
* South Carolina has more state debt per person than any other Southeastern state at $3,100 - which is 72 percent greater than the Southeastern average.
* Clemson University and the University of South Carolina already have $42 million and $107 million respectively in outstanding debt tied to tuition.
Given the substantial nature of these existing promises it is our contention that we ought to address these financial liabilities first - before creating new ones. Past borrowing practices have created significant debts that will ultimately be borne by today's students. At some point, we have to take a hard look at where we draw the line in total indebtedness, and this Bill is timely in the way it has forced our administration to take another look at the total debts of this State.
For these reasons, I am vetoing S. 451, R. 29 and returning it without my approval.
Sincerely,
Mark Sanford
Governor
The Veto on the following Act was taken up:
(R29) S. 451 (Word version) -- Senators Courson, Setzler, Leatherman and Alexander: AN ACT TO AMEND SECTION 59-119-940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLEMSON UNIVERSITY ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS; AND TO AMEND SECTION 9 OF ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FROM SIXTY MILLION DOLLARS TO TWO HUNDRED MILLION DOLLARS.
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:
Those who voted in the affirmative are:
Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham Brady Branham Brantley Breeland G. Brown R. Brown Cato Ceips Chellis Clemmons Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Davenport Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Haley Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse
Littlejohn Lowe Lucas Mack McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Parks Pinson E. H. Pitts Rice Sandifer Scarborough Scott Sellers Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Viers Walker Whipper White Whitmire Williams Witherspoon Young
Those who voted in the negative are:
Agnew Bowers Hamilton Kennedy Mahaffey M. A. Pitts Shoopman
So, the Veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
I was out of the Chamber temporarily on constituent business when the Veto vote was taken on S. 451. Had I been present, I would have voted to override the Governor's Veto.
Rep. Robert S. Perry, Jr.
Rep. M. A. PITTS, from the Greenwood Delegation, submitted a favorable report on:
H. 3319 (Word version) -- Reps. M. A. Pitts, Pinson and Parks: A BILL TO AMEND ACT 595 OF 1994, RELATING TO THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 ARE ELECTED, SO AS TO
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4036 (Word version) -- Reps. Ceips, Chalk, Hodges, Brantley and Herbkersman: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE GOVERNOR TO TAKE IMMEDIATE ACTION TO ADDRESS THE CRISIS IN BEAUFORT COUNTY RESULTING FROM THE TEMPORARY CLOSURE OF THE J. E. MCTEER BRIDGE FOLLOWING THE ACCIDENTAL DAMAGING OF THE BRIDGE.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4037 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-96-85 SO AS TO PROHIBIT SOLID WASTE GENERATED OUTSIDE OF THIS STATE FROM BEING DISPOSED OF IN THIS STATE.
Referred to Committee on Judiciary
H. 4038 (Word version) -- Reps. Talley, Scott, Brady, Funderburk, Ott, Rutherford, J. H. Neal, Sellers, Bales, Cotty, Whipper, Bingham, Mitchell, Govan, Lowe, Cobb-Hunter, Davenport, Hamilton, Cooper, Leach, W. D. Smith, Brantley, Branham, Coleman, J. R. Smith, Anthony, Ballentine, Bannister, Battle, Duncan, Edge, Gambrell, Hardwick, Harvin, Herbkersman, Hinson, Hiott, Hodges, Kelly, Kennedy, Kirsh, Littlejohn, McLeod, Merrill, Miller, Moss, Neilson, Rice, Sandifer, Simrill, D. C. Smith, G. M. Smith, Spires, Stavrinakis, Taylor, Thompson, Vick, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY
H. 4039 (Word version) -- Rep. Talley: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, SO AS TO ALLOW A DEDUCTION FOR A VOLUNTEER LAW ENFORCEMENT CHAPLAIN IN AN AMOUNT NOT TO EXCEED THE LESSER OF THE BOARD OF ECONOMIC ADVISORS' CERTIFIED ESTIMATE REQUIRED PURSUANT TO THIS SECTION OR THREE THOUSAND DOLLARS.
Referred to Committee on Ways and Means
S. 657 (Word version) -- Senators Peeler, Alexander, Lourie, Setzler, Matthews, Hayes, Land, Pinckney, Courson, Fair, McGill and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 110 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CRITICAL NEEDS NURSING INITIATIVE ACT" INCLUDING PROVISIONS ESTABLISHING THE CRITICAL NEEDS NURSING INITIATIVE FUND, TO IMPROVE THE NUMBER OF QUALIFIED NURSES IN THIS STATE BY PROVIDING NURSING FACULTY SALARY ENHANCEMENTS, CREATING NEW FACULTY POSITIONS, PROVIDING FOR ADDITIONAL NURSING STUDENT SCHOLARSHIPS, LOANS, AND GRANTS, ESTABLISHING THE OFFICE FOR HEALTH CARE WORKFORCE RESEARCH TO ANALYZE HEALTH CARE WORKFORCE SUPPLY AND DEMAND, AND PROVIDING FOR THE USE OF SIMULATION TECHNOLOGY AND EQUIPMENT IN THE EDUCATION OF NURSES.
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4040 (Word version) -- Rep. Battle: A HOUSE RESOLUTION CONGRATULATING BRIAN AUSTIN ATKINSON OF MARION ON BECOMING AN EAGLE SCOUT.
The Resolution was adopted.
The following was introduced:
H. 4041 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO CONGRATULATE MARION'S HUGH V. COLEMAN, M.D., MEDICAL DIRECTOR OF THE SOUTH CAROLINA RECOVERING PROFESSIONAL PROGRAM, UPON THE OCCASION OF HIS RETIREMENT, TO COMMEND HIM FOR HIS MANY YEARS OF DEDICATED SERVICE AS A MEDICAL PROFESSIONAL, AND TO WISH HIM MUCH HAPPINESS AND FULFILLMENT IN ALL HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 4042 (Word version) -- Reps. Hodges, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh,
The Resolution was adopted.
The following was introduced:
H. 4043 (Word version) -- Rep. Hodges: A HOUSE RESOLUTION TO CONGRATULATE THADDEOUS AND KATIE COLEMAN OF BEAUFORT ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND TO EXTEND BEST WISHES FOR MANY MORE YEARS OF BLESSING AND FULFILLMENT.
The Resolution was adopted.
The following was introduced:
H. 4044 (Word version) -- Reps. Pinson, Harrison, Limehouse, Viers, Battle, Coleman, Vick, Chalk, Delleney, Crawford, Scarborough, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chellis, Clemmons, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard,
Whereas, it is with great pleasure that the South Carolina House of Representatives honors those individuals who give tirelessly of themselves in furtherance of this great State; and
Whereas, Lieutenant Colonel Ben W. Legare, Jr., retiring Director of Government and Community Affairs for The Citadel, stands among their number as an outstanding public servant, one who will be missed in his role as legislative liaison for The Citadel, an office he has filled admirably for so many years; and
Whereas, in preparation for his life's work, Lieutenant Colonel Legare earned his bachelor's degree at The Citadel and his master's degree at Georgia State University; and
Whereas, a career military man, he served for twenty years in the United States Army in assignments that took him from Virginia, North Carolina, Georgia, and Hawaii to Germany and Vietnam, gaining experience and skill in leadership that he would continue to put to good use in his labors on behalf of The Citadel; and
Whereas, in 1982, Lieutenant Colonel Legare returned to The Citadel as Public Relations Officer and represented the college to both
Whereas, he and his wife, Susan Gough Legare, raised a daughter, Kelly Legare Augenstein, and a son, Ben W. Legare III, with whom they enjoy annual extended-family gatherings at a beach house on the Isle of Palms; and
Whereas, during Lieutenant Colonel Legare's well-earned retirement, the House of Representatives hopes he will find himself more frequently on the golf course, enjoying his ten-handicap at the Country Club of Charleston; and
Whereas, having made his mark and set the bar of achievement extraordinarily high as legislative liaison for his college, Lieutenant Colonel Ben W. Legare, Jr., will be remembered with admiration, affection, and gratitude by both Citadel colleagues and legislative friends for years to come. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives, by this resolution, congratulate retired Lieutenant Colonel Ben W. Legare, Jr., The Citadel's Director of Government and Community Affairs, upon the occasion of his retirement, commend and thank him for his many years of dedicated service as a legislative liaison, and wish him much happiness and fulfillment in all his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Lieutenant Colonel Ben W. Legare, Jr.
The Resolution was adopted.
The following was introduced:
H. 4045 (Word version) -- Rep. Agnew: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES W. GETTYS OF ABBEVILLE COUNTY ON OVER FORTY YEARS OF DISTINGUISHED SERVICE AS A
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4046 (Word version) -- Rep. McLeod: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND THE NEWBERRY COLLEGE LADY INDIANS BASKETBALL TEAM FOR CAPTURING THE 2007 SOUTH ATLANTIC CONFERENCE CHAMPIONSHIP TITLE, AND FOR BEING THE FIRST PROGRAM IN THE HISTORY OF NEWBERRY COLLEGE ATHLETICS TO WIN BACK-TO-BACK SOUTH ATLANTIC CONFERENCE CHAMPIONSHIPS.
The Resolution was adopted.
The following was introduced:
H. 4047 (Word version) -- Reps. Harvin, Anderson, Viers, Battle, Jennings, Kennedy, Miller and Witherspoon: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR DR. RONALD R. INGLE OF HORRY COUNTY FOR HIS FOURTEEN YEARS OF EXTRAORDINARY SERVICE AND REMARKABLE ACCOMPLISHMENTS AS PRESIDENT OF COASTAL CAROLINA UNIVERSITY AND TO WISH HIM ALL THE BEST UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Alexander Allen Anderson Anthony Bales Ballentine Bannister Barfield Battle Bedingfield Bingham
Bowen Brady Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clemmons Clyburn Cobb-Hunter Coleman Cooper Cotty Crawford Dantzler Delleney Duncan Edge Frye Funderburk Gambrell Govan Gullick Hagood Haley Hamilton Harrell Harrison Hart Harvin Haskins Hayes Herbkersman Hinson Hiott Hodges Hosey Howard Huggins Jefferson Jennings Kelly Kirsh Knight Leach Limehouse Littlejohn Loftis Lowe Lucas Mack Mahaffey McLeod Merrill Miller Mitchell Moss Mulvaney J. M. Neal Neilson Ott Owens Perry E. H. Pitts M. A. Pitts Rice Sandifer Scarborough Scott Sellers Shoopman Simrill Skelton D. C. Smith G. M. Smith G. R. Smith J. R. Smith Spires Stavrinakis Talley Taylor Thompson Toole Viers Walker Weeks White Whitmire Williams Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, May 8.
Curtis Brantley Doug Smith Ralph Davenport Jackson "Seth" Whipper Anne Parks Kenneth Kennedy Lewis E. Pinson C. David Umphlett Ted Vick Richard Chalk
Fletcher Smith Todd Rutherford Joseph Neal
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the week due to illness.
The SPEAKER granted Rep. HARDWICK a leave of absence for the day due to being in Washington, D. C., on legislative business for his House District.
The SPEAKER granted Rep. STEWART a leave of absence for today and tomorrow due to constituent issues in Washington, D. C.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the week due to medical reasons.
Announcement was made that Dr. William Hueston of Charleston was the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4013 (Word version)
Date: ADD:
05/08/07 GAMBRELL
Bill Number: H. 4012 (Word version)
Date: ADD:
05/08/07 GAMBRELL
Bill Number: H. 3820 (Word version)
Date: ADD:
05/08/07 HODGES
Bill Number: H. 3006 (Word version)
Date: ADD:
05/08/07 VICK
Bill Number: H. 3202 (Word version)
Date: ADD:
05/08/07 M. A. PITTS
Bill Number: H. 3202 (Word version)
Date: ADD:
05/08/07 BEDINGFIELD
Bill Number: H. 3292 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 3351 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 3413 (Word version)
Date: ADD:
05/08/07 BOWERS
Bill Number: H. 3486 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 3011 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 3538 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 3578 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 3832 (Word version)
Date: ADD:
05/08/07 R. BROWN
Bill Number: H. 4036 (Word version)
Date: ADD:
05/08/07 HERBKERSMAN
Bill Number: H. 3262 (Word version)
Date: REMOVE:
05/08/07 HART
The following Bill was taken up:
H. 3820 (Word version) -- Reps. Cato, Viers, Clemmons, Bales, Hardwick, Miller, Haley, Perry, Leach, Anderson, Witherspoon, Barfield, Battle, Dantzler, Edge, Herbkersman and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "OMNIBUS COASTAL PROPERTY INSURANCE REFORM ACT OF 2007"; BY ADDING ARTICLE 11 TO CHAPTER 6, TITLE 12 SO AS TO ALLOW AN INSURANCE POLICYHOLDER TO ESTABLISH A CATASTROPHE SAVINGS ACCOUNT, TO DEFINE QUALIFIED CATASTROPHE SAVINGS EXPENSES AND QUALIFIED DEDUCTIBLE, AND TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR DEPOSITS MADE INTO A CATASTROPHE SAVINGS ACCOUNT; BY ADDING SECTION 12-6-3660 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX FOR COSTS INCURRED TO RETROFIT A LEGAL RESIDENCE TO MAKE IT MORE RESISTANT TO LOSS DUE TO HURRICANE, RISING WATER, OR OTHER CATASTROPHIC WIND EVENT; BY ADDING SECTION 12-6-3670 SO AS TO ALLOW A TAXPAYER TO CLAIM A CREDIT AGAINST THE STATE INCOME TAX EQUAL TO THE INSURANCE PREMIUM COSTS INCURRED BY THE TAXPAYER; TO AMEND SECTION 12-36-910, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO ALLOW A THREE PERCENT SALES TAX ON SPECIFIED BUILDING MATERIALS USED ON HOMES TO MITIGATE DAMAGE FROM WIND; TO DESIGNATE SECTIONS 38-3-10 THROUGH 38-3-240 AS ARTICLE 1, CHAPTER 3, TITLE 38 AND ENTITLED "GENERAL PROVISIONS"; BY ADDING ARTICLE 3 TO CHAPTER 3, TITLE 38 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE HAS AUTHORITY TO ISSUE GENERAL ORDERS APPLICABLE TO ALL INSURANCE COMPANIES AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY; TO PROVIDE THAT THE DEPARTMENT BY ORDER, MAY ADOPT ANY RULE THAT FACILITATES RECOVERY FROM THE EMERGENCY; TO PROVIDE THAT THE DEPARTMENT SHALL ADOPT RULES STANDARDIZING REQUIREMENTS THAT MAY BE APPLIED TO INSURERS AFTER A HURRICANE, ADDRESSING CLAIMS
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\DKA\ 3294DW07), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Omnibus Coastal Property Insurance Reform Act of 2007".
SECTION 2. Chapter 6, Title 12 of the 1976 Code is amended by adding:
Section 12-6-1610. As used in this article:
(1) 'Qualified catastrophe expenses' mean expenses paid or incurred by reason of a major disaster that has been declared by the Governor to be an emergency by executive order.
(2) 'Qualified deductible' means the deductible for the individual's homeowner's policy for a taxpayer's legal residence.
(3) 'Legal residence' means the taxpayer's legal residence pursuant to Section 12-43-220(c).
Section 12-6-1620. (A)(1) An individual taxpayer is allowed a deduction from the tax imposed pursuant to Section 12-6-510 for amounts contributed to a Catastrophe Savings Account in accordance with subsection (B)(3); and
(2) All interest income earned by the Catastrophe Savings Account is exempt from the tax imposed pursuant to Section 12-6-510 as provided in this article.
(B)(1) As used in this article, 'Catastrophe Savings Account' means a regular savings account or money market account established by an insurance policyholder for residential property in this State to cover an insurance deductible under an insurance policy for the taxpayer's legal residence property that covers hurricane, rising floodwaters, or other catastrophic windstorm event damage or by an individual to cover self-insured losses for the taxpayer's legal residence from a hurricane, rising floodwaters, or other catastrophic windstorm event. The account must be labeled as a Catastrophe Savings Account in order to qualify as a Catastrophe Savings Account as defined in this
(2) A Catastrophe Savings Account is not subject to attachment, levy, garnishment, or legal process in this State.
(3) The total amount that may be contributed to a Catastrophe Savings Account may not exceed:
(a) in the case of an individual whose qualified deductible is not more than one thousand dollars, two thousand dollars;
(b) in the case of an individual whose qualified deductible is more than one thousand dollars, the amount equal to the lesser of fifteen thousand dollars or twice the amount of the taxpayer's qualified deductible; or
(c) in the case of a 'self-insured' individual who chooses not to obtain insurance on his legal residence, two hundred fifty thousand dollars, but shall not exceed the value of the individual taxpayer's legal residence.
(4) If a taxpayer contributes in excess of the limits provided in item (3), the taxpayer shall withdraw the amount of the excess contributions and include that amount in South Carolina income for purposes of Section 12-6-510 in the year of withdrawal.
Section 12-6-1630. (A) A distribution from a Catastrophe Savings Account must be included in the income of the taxpayer unless the amount of the distribution is used to cover qualified catastrophe expenses.
(B) No amount is included in income, pursuant to subsection (A) of this section, if the qualified catastrophe expenses of the taxpayer during the taxable year are equal to or greater than the aggregate distributions during the taxable year.
(C) If aggregate distributions exceed the qualified catastrophe expenses during the taxable year, the amount otherwise included in income must be reduced by the amount of the distributions for qualified catastrophe expenses.
(D)(1) The tax paid pursuant to Section 12-6-510 attributable to a taxable distribution must be increased by two and one-half percent of the amount which is includable in income.
(2) This additional tax does not apply if the:
(a) taxpayer no longer owns a legal residence that qualifies under Section 12-43-220(C); or
(b) distribution is from an account conforming with Section 12-6-1620(B)(3)(c) and is made on or after the date on which the taxpayer attains the age of seventy.
(E)(1) No amount is includable in taxable income, pursuant to subsection (A) of this section, if the distribution is from an account conforming with Section 12-6-1620(B)(3)(a) or (b) and is made on or after the date on which the taxpayer attains the age of seventy.
(2) If a taxpayer receives a nontaxable distribution under this subsection, the taxpayer may not make further contributions to any Catastrophe Savings Account.
(F) If a taxpayer owns a Catastrophe Savings Account dies, his account is included in the income of the person who receives the account, unless that person is the surviving spouse of the taxpayer. Upon the death of the surviving spouse, the account is included in the income of the person who receives the account. The additional tax in subsection (D) does not apply to distribution on death."
SECTION 3. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3660. (A) An individual taxpayer is allowed a credit against the tax imposed pursuant to Section 12-6-510 for costs incurred to retrofit, as specified in subsection (B), a structure qualifying as the taxpayer's legal residence pursuant to Section 12-43-220(c) to make it more resistant to loss due to hurricane, rising water, or other catastrophic wind event.
(B) In order to qualify for the state income tax credit allowed pursuant to this section, costs must not include ordinary repair or replacement of existing items, and must be associated with those fortification measures defined in subsection (C), and must increase the residence's resistance to hurricane, rising water, or catastrophic wind event damage, as defined by the director or his designee by way of a bulletin, an order, or a regulation.
(C) The fortification measures qualifying for the state income tax credit allowed pursuant to this section must be promulgated by the Department of Insurance in regulations pursuant to the Administrative Procedures Act.
(D) The tax credit allowed pursuant to this section for any taxable year may not exceed the lesser of:
(1) twenty-five percent of the cost incurred; or
(2) one thousand dollars.
(E) The cost of items that otherwise qualify for the credit that are purchased with grant funds awarded pursuant to Section 38-75-485 are
Section 12-6-3665. (A) An individual taxpayer is allowed a credit from the income tax imposed pursuant to Section 12-6-510 for South Carolina state sales or use taxes paid on purchases of tangible personal property used to retrofit the individual's legal residence pursuant to Section 12-6-3660. The credit amount is calculated by multiplying the purchase price of tangible personal property for which the individual may claim the income tax credit in Section 12-6-3660 by six percent. The maximum credit allowed under this section is one thousand five hundred dollars.
(B) The cost of items that otherwise qualify for the credit that are purchased with grant funds awarded pursuant to Section 38-75-485 are not eligible for this credit if the grants are not included in the income of the taxpayer.
Section 12-6-3670. (A) An individual taxpayer may claim a credit against the income tax imposed pursuant to Section 12-6-510 for excess premium paid during the applicable tax year for property and casualty insurance, as defined in Articles 1, 3, and 5 of Chapter 75, Title 38, providing coverage on the taxpayer's legal residence pursuant to Section 12-43-220(c).
(B) For the purposes of computing the credit allowed by this section, excess premium paid is the amount by which the premium paid exceeds five percent of the taxpayer's adjusted gross income.
(C)(1) The credit allowed pursuant to this section for any taxable year may not exceed one thousand two hundred fifty dollars.
(2) If the credit allowed under this section exceeds the state income tax liability for the taxable year, any unused credit may be carried forward for five succeeding taxable years."
SECTION 4. A. Sections 38-3-10 through 38-3-240 of the 1976 Code are designated Article 1, Chapter 3, Title 38 and entitled "General Provisions".
B. Chapter 3, Title 38 of the 1976 Code is amended by adding:
Section 38-3-410. (A) If the Governor declares a state of emergency pursuant to Section 1-3-420, the director may issue one or more general orders applicable to all insurance companies, entities, and persons, as defined in Section 38-1-20, that are subject to Title 38.
(B) An order issued by the director under this section becomes effective upon issuance and continues for one hundred twenty days
(C) The director shall publish in the next available publication of the State Register a copy of the text of an order issued under this section, together with a statement explaining how the order facilitates recovery from the emergency.
Section 38-3-420. (A) By an order issued pursuant to Section 38-3-410, the director may adopt any rule that facilitates recovery from the emergency. The department may adopt a rule by any procedure which is fair under the circumstances if the:
(1) procedure provides at least the procedural protection given by other statutes, the Constitution of this State, or the United States Constitution;
(2) department takes only that action necessary to protect the public interest under the emergency procedure; and
(3) department publishes in writing, at the time of or before its action, the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that the procedure used is fair under the circumstances. If, notice of emergency rules, other than those of educational units or units of government with jurisdiction in only one or a part of one county, including the full text of the rules, is published in the first available issue of the State Register and provided to the General Assembly, then the department's findings of immediate danger, necessity, and procedural fairness are judicially reviewable under Section 38-3-210.
(B) Subject to applicable constitutional and statutory provisions, an emergency rule becomes effective immediately on filing, or on a date less than twenty days after that time if specified in the rule, if the adopting department finds that the effective date is necessary because of immediate danger to the public health, safety, or welfare.
Section 38-3-430. (A) The department may promulgate by order, pursuant to Section 38-3-410, standardized requirements that may be applied to insurers as a consequence of a hurricane or other natural disaster. The rules must address the following areas:
(1) claims reporting requirements;
(2) grace periods for payment of premiums and performance of other duties by insureds;
(3) temporary postponement of cancellations and nonrenewals; and
(4) any other rule the director considers necessary.
(B) The rules adopted under this section shall require the department to issue an order within ten days after the occurrence of a hurricane or other natural disaster specifying, by line of insurance, which of the standardized requirements apply, the geographic areas in which they apply, the time at which applicability commences, and the time at which applicability terminates.
Section 38-3-440. The department may promulgate the regulations necessary to implement the provisions of this article."
SECTION 5. Chapter 7, Title 38 of the 1976 Code is amended by adding:
"Section 38-7-200. (A) A licensed insurer providing full property and casualty coverage, to specifically include wind and hail coverage, to property owners within the area defined in Section 38-75-310(5), including any portion of the area as it may be expanded from time to time by an expansion order pursuant to Section 38-75-460, may claim as a nonrefundable credit against the premium tax imposed by Sections 38-7-20 and 38-7-40 in an amount equal to twenty-five percent of the tax that otherwise is due on the premium written for the property owners for the taxable year.
(B) The credit allowed by this section is available only to an insurer licensed or authorized to do business in this State with respect to a property and casualty insurance policy providing full coverage as defined in subsection (A).
(C) A taxpayer who claims the credit allowed by this section shall provide information required by the Department of Insurance to demonstrate that the taxpayer is eligible for the credit and that the amount paid for premiums for which the credit is claimed was not excluded from the taxpayer's gross income for the taxable year.
(D) The tax credit allowed under this section for a taxable year may be claimed only once for any one structure, regardless of the number of policies written on the structure.
(E) This section applies to all new policies issued with an effective date after December 31, 2007."
SECTION 6. Article 9, Chapter 75, Title 38 is amended by adding:
"Section 38-75-755. (A) All insurers, at the issuance of a new policy and at each renewal, clearly shall notify the applicant or policyholder of a commercial property or personal lines residential property insurance policy of the availability and the range of each
(B) All insurers, at the issuance of a new policy and at each renewal of a commercial property insurance policy, shall include a notice that advises the policyholder that a reduction in premium may be available if the policyholder has taken steps to prevent or reduce damage from windstorm and that the policyholder may contact its agent, broker, or insurer for additional information.
(C) This section applies to policies issued or renewed after December 31, 2007."
SECTION 7. Section 38-3-110 of the 1976 Code is amended by adding at the end:
"(5) The director shall hold a public hearing at least annually at a location within the seacoast area, as defined in Section 38-75-310(7), to provide the public with an opportunity to discuss the rates, territory, and other pertinent issues regarding the South Carolina Wind and Hail Underwriting Association. The director shall provide notice of the public hearing in newspapers of general circulation within the seacoast area at least thirty days before the date of the public hearing. The director shall provide a report to the General Assembly in January of each year regarding the status of the South Carolina Wind and Hail Underwriting Association, including any recommended modifications to statutory or regulatory law regarding the operation of the South Carolina Wind and Hail Underwriting Association and its territory."
SECTION 8. Section 38-73-260 of the 1976 Code, as last amended by Act 332 of 2006, is further amended by adding at the end:
"(F)(1) Nothing in this section prevents the director or his designee from considering the impact on individual territories or individual insureds when determining whether the rate is excessive, inadequate, or unfairly discriminatory. Rate level increases or decreases falling within the limitation specified in this subsection must comply with the requirements of this chapter prohibiting rate increases from being excessive, inadequate, or unfairly discriminatory.
(2) This subsection does not apply to private passenger automobile insurance nor to insurance against liability arising out of the ownership, maintenance, or the use of:
(a) an individual private passenger automobile as defined in Section 38-77-30(5.5)(a); or
(b) property having wheels."
SECTION 9. Section 38-73-1095(C) of the 1976 Code is amended to read:
"(C) Rating plans for essential property insurance in the coastal area or in the seacoast area, may shall include discounts and credits or surcharges and debits calculated upon the following rating factors:
(1) use of storm shutters;
(2) use of roof tie downs;
(3) construction standards;
(4) building codes;
(5) distance from water;
(6) elevation;
(7) flood insurance;
(8) policy deductibles; and
(9) other applicable factors requested by the insurer or rating organization or selected by order of the director involving the risk or hazard.
The department may by order or regulation define how the implementation of these factors qualify for credits or discounts. The regulation or order must specify what evidence or proof the policyholder or applicant shall present to obtain the credit or discount. This section applies to policies issued or renewed after December 31, 2007."
SECTION 10. Article 5, Chapter 75, Title 38 of the 1976 Code is amended to read:
Section 38-75-310. In this article, unless the context otherwise requires:
(1) 'Essential property insurance' means insurance against direct loss to property as defined and limited in the wind and hail insurance policy and forms approved by the director or his designee; and after January 1, 1995, at the request of the insured, coverage for:
(a) actual loss of business income; or
(b) additional living expense; or
(c) fair rental value loss.
Prior to Before November 1, 1994, the South Carolina Wind and Hail Underwriting Association must file with the Department for approval additional policy forms defining the terms of and providing
(2) 'Association' means the South Carolina Wind and Hail Underwriting Association established pursuant to the provisions of this article.
(3) 'Plan of operation' means the plan of operation of the association approved or promulgated by the department pursuant to the provisions of this article.
(4) 'Insurable property' means immovable property at fixed locations in coastal areas of the State as that term is hereinafter defined, or tangible personal property located therein in it, which property is determined by the association to be in an insurable condition as determined by reasonable underwriting standards, but not to include farm or manufacturing property, or motor vehicles which are eligible to be licensed for highway use. Any A structure commenced on or after September 15, 1971, not built in substantial compliance with the Southern Standard most recent building code, adopted by the Building Codes Council as referenced in Section 6-9-50, or the approved building code in existence at the time of construction or the standards promulgated under the National Manufactured Housing Construction Standards and Safety Act, including the design-wind requirements therein in it, is not an insurable risk under the terms of this article. Any A structure commenced on or after September 15, 1971, shall must comply with any construction and zoning requirements affecting the structure, promulgated or adopted pursuant to the requirements of the Federal Flood Insurance Program.
(5) 'Coastal area' means:
(a) all areas in Beaufort County and Colleton County which are east of the west bank of the intracoastal waterway;
(b) the following areas in Georgetown County: all areas between the Harrell Siau Bridge and Murrells Inlet which are east of a line paralleling and lying one hundred fifty feet east of U.S. Highway No. 17 Business, all areas in Murrells Inlet which are east of U.S. Highway No. 17 Business, and Cedar Island, North Island, and South Island;
(c) all areas in Horry County east of a line paralleling and lying one hundred fifty feet east of U. S. Highway No. 17 Business;
(d) the following areas in Charleston County: Edingsville Beach, Kiawah Island, Botany Bay Island, Folly Island, Seabrook Island, Morris Island, and all areas north of the City of Charleston which are east of the west bank of the intracoastal waterway.
(6) 'Net direct premiums' means gross direct premiums excluding reinsurance assumed and ceded written on property other than farm or manufacturing in this State for fire and extended coverage insurance, including the fire and extended coverage components of homeowners policy and commercial multiple peril package policies, less return premiums upon canceled contracts, dividends paid or credited to policyholders, or the unused or unabsorbed portion of premium deposits.
(7) 'Seacoast area' means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper Counties.
Section 38-75-320. The purpose of this article is to provide a method whereby wind and hail insurance may be obtained more easily and equitably assure an adequate market for wind and hail insurance in the coastal areas of this State.
Section 38-75-330. (A) There is created the South Carolina Wind and Hail Underwriting Association, an unincorporated association whose responsibilities, liability, and regulations are governed and defined by this article, consisting. The association shall function as a residual market mechanism to provide wind and hail insurance for residential and commercial property to applicants who are unable to procure this insurance in the coastal area.
(B) The association consists of all private insurers authorized to write and engage in writing property insurance within this State on a direct and statewide basis, but excluding insurers whose writings are limited to property wholly owned by parent, subsidiary, or allied organizations, or insurers whose writings are limited to property wholly owned by religious organizations, provided,. However, as a condition of exemption from membership such these insurers providing property insurance for insurable property in the coastal area as defined by this article shall also shall provide essential property insurance for such these risks. Every such Each insurer must be a member of the association and must shall remain a member of the association so long as the association is in existence as a condition of its authority to continue to transact the business of insurance in this State.
Section 38-75-340. (A) The association must shall operate pursuant to a plan of operation which shall set forth provides for the following:
(1) the number, qualifications, terms of office, and manner of election of the members of the board of directors and shall provide for;
(2) the efficient, economical, fair, and nondiscriminatory administration of the association; and for
(3) the prompt and efficient provision of essential property insurance in the coastal areas of the State so as to promote orderly community development in those areas and to provide means for the adequate maintenance and improvement of the property in such areas. The plan may include;
(4) the manner of election of officers;
(5) the establishment of necessary facilities,;
(6) the management of the association, plan for;
(7) the assessment of members to defray losses and expenses,;
(8) reasonable underwriting standards, rating subdivisions and rates;
(9) commissions to be paid to agents or brokers,;
(10) procedures for the acceptance and cession of reinsurance, procedures and for determining the amounts of insurance to be provided to specific risks,;
(11) time limits and procedures for processing applications for insurance,; and for any
(12) other provisions considered necessary by the director or his designee to carry out the purposes of this article.
(B) Insurance effected pursuant to this article shall must have limits of liability provided in the plan of operation. The director or his designee shall approve the limits. Excess insurance is not permitted until the maximum available under the plan has been purchased. Thereafter After that, excess insurance may be purchased and must be included for the purpose of meeting any coinsurance requirement.
(C) The directors board of the association may, subject to the approval of the director or his designee, may amend the plan of operation at any time. The director or his designee shall review the plan of operation, including annually. The director or his designee shall review the rate structure and loss experience, not less than once in each calendar year semi-annually in accordance with Section 38-75-400. After review of the plan, the director or his designee may amend the plan upon approval of the directors of the association and the amendment takes effect immediately upon ratification by the board.
Section 38-75-350. (a)(A) Any A person having an insurable interest in insurable property is entitled to apply to the association for coverage and for an inspection of the property. The application must be made on behalf of the applicant by a licensed broker or agent authorized by him. Applications An application must be submitted on
(b)(B) If the association determines that the property is insurable and that there is no unpaid premium due from the applicant for prior insurance on the property, the association upon receipt of the premium, or such a portion thereof of it as is prescribed in the plan of operation, shall cause to be issued a policy of essential property insurance for a term of at least one year.
(c)(C) If the association, for any reason, denies an application and refuses to cause to be issued an insurance policy on insurable property to any an applicant or takes no action on an application within the time prescribed in the plan of operation, the applicant may appeal to the director or his designee and the director or a member of his staff designated by him, after reviewing the facts, may direct the association to issue or cause to be issued an insurance policy to the applicant. In carrying out its duties pursuant to this section, the director or his designee may request, and the association shall provide, any information the director or his designee considers necessary to a determination concerning the reasons for the denial or delay of the application.
Section 38-75-360. (A) The association, pursuant to the provisions of this article and the plan of operation, and with respect to essential property insurance on insurable property, has the power on behalf of its members to:
(a)(1) To cause to be issued policies of insurance to applicants.;
(b)(2) To assume reinsurance from its members.;
(c)(3) To cede reinsurance to its members and to purchase reinsurance in behalf of its members. on risks insured by the association in amounts that are in accordance with procedures adopted by the board;
(4) receive, hold, and transfer personal and real property in the name of the association;
(5) contract for goods and services that reasonably may not be performed by its employees;
(6) solicit and accept goods, loans, grants, etc. in the name of the association;
(7) borrow funds; and
(8) issue bonds, surplus notes, or other debentures.
(B) The association, pursuant to the provisions of this article and the plan of operation, and with respect to essential property insurance on insurable property, shall perform other acts necessary or proper to effectuate the purpose of this subsection.
Section 38-75-370. (A) 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 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.
(B) Each member's participation in the association must be determined annually in the same manner as the initial determination. An insurer authorized to write and engage in writing insurance, the writing of which requires the insurer to be a member of the association pursuant to Section 38-75-330, becomes a member of the association on January first immediately following the authorization. The determination of the insurer's participation in the association must be made as of the date of the membership in the same manner as for all other members of the association. Member insurers shall receive credit annually for essential property insurance voluntarily written in the coastal area and their participation in the writings of the association must be reduced accordingly. The board of directors shall authorize the method of determining the credit. In order to receive credit for essential property voluntarily written in the coastal area, each member company shall submit its requests by March thirty-first of the year preceding the year for which credit is sought.
(C) The assessment of a member insurer after hearing may be ordered deferred in whole or in part upon application by the insurer if, in the opinion of the director or his designee, payment of the assessment would render the insurer insolvent or in danger of
Section 38-75-375. (A) If a member company perceives an assessment or interest levied by the association to be unjust or illegal, the company shall pay the assessment or interest under protest in writing within thirty days of the assessment or interest charge. Upon receiving this payment, the association shall pay the money collected into the association account and designate the money as having been paid under protest.
(B) A member company paying an assessment or interest under protest shall appeal to the association within thirty days after making the payment. If it is determined in that appeal that the assessment or interest was collected unjustly or illegally, the association shall refund the assessment or interest to the payor.
(C) If a member company fails to pay an assessment or interest within thirty days of the assessment or interest charge by the association, the company is subject to disciplinary procedures pursuant to Section 38-5-120 or 38-5-130.
Section 38-75-380. There may be no liability on the part of and no cause of action of any nature may arise against the department or any of its staff or the association or its agents, employees, or any participating insurer for any inspections made hereunder or any statements made in good faith by them in any reports or communications concerning risk submitted to the association or at any administrative hearings conducted in connection therewith with it under the provisions of this article.
Section 38-75-385. There is no liability on the part of, and no cause of action of any nature may arise against, any member insurer, the association's agents or employees, the board of directors, or the director, his designees, or his representatives for any act or omission in the performance of their powers and duties under this article. This section does not relieve the association of any of its liability.
Section 38-75-386. No liability on the part of, and no cause of action of any nature may arise against, the director, the Department of Insurance or its staff, the association, any member insurer, the association's agents or employees, its board of directors, or the legal representatives of any of the above persons, for any act or omission made in good faith or for any statement made to, or for information provided to, any insurer regarding rates; premiums; classifications; cancellations, determinations, or nonrenewals of coverage; underwriting; inspections; or claims experience history made to facilitate the underwriting of essential property insurance for risks in the coastal area by private insurers or to facilitate competition for the underwriting of essential property insurance for risks in the coastal area among private insurers.
Section 38-75-390. Any A member of the association who is designated to receive and write essential property insurance from or through the association shall cede one hundred percent cede to the association that the essential property insurance.
Section 38-75-400. (A) The rates, rating plans, and rating rules applicable to the insurance written by the association are those approved for use of the association by the director or his designee. Surcharges may be used as approved by the director or his designee. Rates may include rules for classification of risks insured hereunder under the provisions of this article and rate modifications thereof of it.
(B) As a residual market mechanism, the association is not intended to offer rates competitive with the admitted market. Rates for policies issued by the association must be adequate and established at a level that permits the association to operate as a self-sustaining mechanism. The association shall maintain the necessary rate-making data in order to permit the actuarial determination of rates and rating plans appropriate for the business insured by the association. The association shall monitor rate adequacy and shall notify the director semi-annually to enable the director to take corrective action by an order. Rates adjusted by a corrective action order are exempt from the twelve-month limitation requirement of Section 38-73-920. The
Section 38-75-410. (A) A person insured pursuant to this article or his representative or a member company who is aggrieved by an act, ruling, or decision of the association:
(1) regarding rates, classification of risks, assessments, voluntary credits, cancellation or termination of policies, or underwriting shall appeal to the director or his designee within sixty days after the act, ruling, or decision;
(2) other than those specified in item (1), may appeal to the director or his designee within thirty days after the act, ruling, or decision.
(B) Hearings A hearing held by the director or his designee pursuant to this section must be in accordance with the procedures set forth in Chapter 3, Title 38 and Article 3, Chapter 23, Title 1, 'Administrative Procedures'.
Section 38-75-420. All reports of inspection performed by or on behalf of the association must be made available to the members of the association, applicants, agent, or broker, and the department.
Section 38-75-430. The association shall file with the department by March thirty-first of each year a statement which summarizes the transactions, conditions, operations, and affairs of the association during the preceding fiscal year ending October thirty-first. The statement shall must contain any matters and information prescribed by the department and must be in the form required by it. The department may at any time require the association to furnish to it any additional information with respect to its transactions or any other matter which it considers material to assist it in evaluating the operation and experience of the association.
Section 38-75-440. The department may make an examination into the affairs of the association and in undertaking the examination may hold a public hearing. The expense of the examination must be borne and paid by the association.
Section 38-75-450. The department has authority to make reasonable regulations, not inconsistent with law, to enforce, carry out, and make effective the provisions of this article after notice and hearing before the Administrative Law Judge Division.
Section 38-75-460. The director or his designee, by written order, temporarily may expand the area in which the association shall provide essential property insurance. The director or his designee shall find and declare the existence of an emergency because of the unavailability of
(1) changes in the number of insurers writing essential property insurance in the seacoast area and the capacity of those insurers;
(2) changes in the extent to which nonadmitted or surplus lines insurers are providing essential property insurance in the seacoast area;
(3) changes in reinsurance activity impacting insurers writing essential property insurance in the seacoast area;
(4) changes in the demand for property insurance in the seacoast area; and
(5) any other information considered relevant to effectuate the purpose of this chapter.
(B) The director or his designee shall find and declare the existence of conditions that threaten to destabilize the property insurance market and jeopardize the continued, consistent availability of essential property insurance in the seacoast area. The director or his designee shall utilize market surveys, data calls, catastrophe models, reinsurance information, and other objective sources to support the order of expansion.
(C) The director or his designee may expand the coastal area in which the association shall provide essential property insurance. The expansion may encompass a portion of the seacoast area or the entire seacoast area, but may not extend further than the seacoast area. The area must not be expanded more than reasonably necessary to ensure a stable property insurance market. An expansion of the coastal area is subject to the plan of operation as amended and approved by the director or his designee. The director or his designee shall report any expansion of the coastal area to the General Assembly within thirty days of the order of expansion or upon commencement of the next term of the General Assembly, if expansion occurs when the General Assembly is not in session. The General Assembly may vacate any expansion order by passage of a joint resolution."
SECTION 11. Article 8, Chapter 75, Title 38 of the 1976 Code is amended to read:
Section 38-75-470. (A) The Director of Insurance shall appoint an advisory committee to the director and the South Carolina Building Codes Council to study issues associated with the development of strategies for reducing loss of life and mitigating property losses due to hurricane, earthquake, and fire. The advisory committee also must shall consider the costs associated with these strategies to individual property owners. The advisory committee must include is composed of:
(1) the director or his designee;
(2) the Chairman of the Building Codes Council or his designee;
(3) one a representative from Clemson University involved with wind engineering;
(2)(4) one a representative from an academic institution involved with the study of earthquakes;
(3) one representative from the Department of Insurance;
(4)(5) one a representative from an insurer writing property insurance in South Carolina;
(5)(6) one a representative from the Department of Commerce;
(6)(7) one a representative from the Federal Emergency Management South Carolina's Municipal Association;
(8) a representative from the South Carolina Association of Counties;
(7)(9) one a representative from the Homebuilders Association;
(8)(10) one a representative from the Manufactured Housing Institute of South Carolina;
(9)(11) one a representative from the State Fire Marshal's office;
(10)(12) one a representative from the South Carolina Emergency Management Division;
(11)(13) one a representative from the State Flood Mitigation Program;
(12)(14) three two at-large members appointed by the director; and
(13)(15) three two at-large members appointed by the Governor;
(16) a general contractor;
(17) a representative from the South Carolina Association of Realtors; and
(18) a structural engineer.
(B) Members shall serve for terms of two years and shall receive no per diem, mileage, or subsistence. Vacancies must be filled in the same manner as the original appointment.
(C) Within thirty days after its appointment, the advisory committee shall meet at the call of the Director of Insurance. The advisory committee shall elect from its members a chairman and a secretary and shall adopt rules not inconsistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called at the request of three or more members of the advisory committee. All members shall must be notified by the chairman of the time and place of the meeting at least seven days in advance of the meeting. All meetings must be open to the public. At least two-thirds vote of those members in attendance at the meeting shall constitute an official decision of the advisory committee. Implementation of this program and continued existence of this program is subject to the availability of funding through legislative appropriations or alternative funding sources.
Section 38-75-480. (A) There is established within the Department of Insurance a loss mitigation grant program. Funds may be appropriated to the grant program, and any funds so appropriated shall must be used for the purpose of making grants to local governments or for the study and development of strategies for
(1) implementation of building code enforcement programs including preliminary and ongoing training of inspectors;
(2) conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60; and
(3) providing technical assistance to and acting as an information resource for local governments in the development of proactive hazard mitigation strategies as they relate to reducing the loss of life and mitigating property losses due to natural hazards to include hurricane, flood, earthquake, and fire.
(B) Funds may be appropriated for a particular grant only after a majority affirmative vote on each grant by the advisory committee.
(B)(C) The Department of Insurance may make application and enter into contracts for and accept grants in aid from federal and state government and private sources for the purposes of:
(1) implementation of building code enforcement programs including preliminary and ongoing training of inspectors;
(2) conducting assessments to determine need for and desirability of making agreements to provide enforcement services pursuant to Section 6-9-60; and
(3) study and development of strategies for reducing loss of life and mitigating property losses due to hurricane, flood, earthquake, and fire; and
(4) any other purposes consistent with this article.
Section 38-75-485. (A) There is established within the Department of Insurance, the South Carolina Hurricane Damage Mitigation Program. The advisory council, established pursuant to Section 38-75-470, shall provide advice and assistance to the program administrator with regard to his administration of the program.
(B) This section does not create an entitlement for property owners or obligate the State in any way to fund the inspection or retrofitting of residential property in this State. Implementation of this program is subject to annual legislative appropriations.
(C) The program shall develop and implement a comprehensive and coordinated approach for hurricane damage mitigation that includes the following:
(1) The program administrator shall apply for financial grants to be used to assist single-family, site-built or manufactured or
(a) To be eligible for a grant, a residential property must:
(i) have been granted a homestead exemption;
(ii) be a dwelling with an insured value of three hundred thousand dollars or less; and
(iii) have undergone an acceptable wind certification and hurricane mitigation inspection.
(b) All grants must be matched on a dollar-for-dollar basis for a total of ten thousand dollars for the mitigation project with the state's contribution not to exceed five thousand dollars.
(c) The program must create a process in which mitigation contractors agree to participate and seek reimbursement from the State and homeowners selected from a list of participating contractors. All mitigation must be based upon the securing of all required local permits and inspections. Mitigation projects are subject to random reinspection of up to at least ten percent of all projects.
(d) Matching fund grants also must be made available to local governments and nonprofit entities for projects that reduce hurricane damage to single-family, site-built or manufactured or modular owner-occupied, residential property.
(e) Grants may be used for the following improvements:
(i) roof deck attachment;
(ii) secondary water barrier;
(iii) roof covering;
(iv) brace gable ends;
(v) reinforce roof-to-wall connections;
(vi) opening protection;
(vii) exterior doors, including garage doors;
(viii) tie downs;
(ix) problems associated with weakened trusses, studs, and other structural components;
(x) inspection and repair or replacement of manufactured home piers, anchors, and tiedown straps; and
(xi) any other mitigation techniques approved by the advisory committee.
(f)(i) Low-income homeowners, who otherwise meet the requirements of subitems (a) and (c) are eligible for a grant of up to five thousand dollars and are not required to provide a matching amount to receive the grant. These grants must be used to retrofit single-family, site-built or manufactured or modular, owner-occupied,
(ii) For purposes of this item, 'low-income persons' means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed eighty percent of the median annual adjusted gross income for households within the county in which the person or family resides, whichever is greater.
(2) The department shall define by regulation or order the details of the mitigation measures necessary to qualify for the grants or public assistance described in this section.
(3) Multimedia public education, awareness, and advertising efforts designed to specifically address mitigation techniques must be employed, as well as a component to support ongoing consumer resources and referral services.
(4) The department shall use its best efforts to obtain grants or funds from the federal government to supplement the financial resources of the program. In addition to state appropriations, if any, this program must be implemented by the department through the use of the premium taxes due to this State by the South Carolina Wind and Hail Underwriting Association, and one percent of the premium taxes collected annually and remitted to the Department of Insurance.
(5) The director or his designee may promulgate regulations or order the rules necessary to implement the provisions of this article."
SECTION 12. Section 38-75-1140(C) of the 1976 Code, as added by Act 290 of 2004, is amended to read:
"(C) The modeling organization shall submit a supplemental report to the director or his designee following any substantially material revision of the model if the revision is used by insurers in determining rates for this State. The supplemental report must specify the changes made to the catastrophe model, specify a list of variables that are subject to insurer input, and contain one or more statements by experts attesting to the continuing validity of the model for use in predicting losses associated with natural hazard catastrophes in this State."
SECTION 13. Section 38-75-1140 of the 1976 Code, as added by Act 290 of 2004, is amended by adding at the end:
"(G)(1) To recover the costs associated with the review and evaluation of catastrophe models, the director or his designee may impose a filing fee on:
(a) all insurers who use catastrophe or other computer simulated models; and
(b) modelers or modeling organizations that submit a model to the department for its review, evaluation, or approval. This fee must be retained by the department to defray the costs of retaining actuaries and other experts to evaluate such models.
(2) The fees collected pursuant to this section must be used only to offset expenses associated with the review of catastrophe models."
SECTION 14. Section 38-75-1160(A)(1)(b) and (d), as added by Act 290 of 2004, is amended to read:
"(b) state the date not less than thirty sixty days after the date of the mailing or delivering on which the cancellation or refusal to renew becomes effective;
(d) inform the insured of his right to request in writing within fifteen thirty 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 thirty 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.';"
SECTION 15. Section 38-75-1160(B), as added by Act 290 of 2004, is amended to read:
"(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; or
(3) the notice of cancellation or refusal to renew by an insurer regarding private passenger automobile insurance or to insurance against liability arising out of ownership, maintenance, or use of:
(a) an individual private passenger automobile as defined in Section 38-77-30(5.5)(a); or
(b) property having wheels."
SECTION 16. Unless otherwise provided, this act takes effect upon approval by the Governor and is applicable to all taxable years beginning after December 31, 2006. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. CATO spoke in favor of the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3880 (Word version) -- Reps. W. D. Smith, Hagood, Mitchell and McLeod: A BILL TO AMEND ARTICLE 7, CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM, SO AS TO REVISE THE LIABILITY PROTECTION PROVIDED TO PARTIES WHO ARE NOT RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY AND WHO SUBSEQUENTLY BECOME RESPONSIBLE FOR THE PROPERTY; TO FURTHER SPECIFY THE SCOPE OF A COVENANT NOT TO SUE PROVIDED TO PARTIES WHO ARE RESPONSIBLE FOR ENVIRONMENTAL CONTAMINATION OF PROPERTY; TO SPECIFY THAT PROPERTY ON TO WHICH A RELEASE OF PETROLEUM PRODUCTS OCCURRED IS PROPERTY ELIGIBLE FOR PARTICIPATION IN THIS VOLUNTARY CLEANUP PROGRAM; TO FURTHER SPECIFY THE CONTENTS OF A VOLUNTARY CLEANUP CONTRACT AND GROUNDS FOR TERMINATION OF THE CONTRACT; TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REPORT TO THE GENERAL ASSEMBLY ON THE ACTIVITIES OF THIS PROGRAM; AND TO CONFORM PROVISIONS IN THIS ARTICLE TO THE REVISIONS MADE PURSUANT TO THIS ACT.
Rep. HAGOOD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. G. M. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 9, which was adopted:
H. 4015 (Word version) -- Rep. G. M. Smith: A BILL TO AMEND SECTION 39-5-38, RELATING TO DECEPTIVE OR MISLEADING ADVERTISEMENT OF A LIVE MUSICAL PERFORMANCE, SO
Rep. WALKER moved to adjourn debate upon the following Joint Resolution until Wednesday, May 9, which was adopted:
S. 702 (Word version) -- Education Committee: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PURPOSE OF TEACHER CONTRACTS NEGOTIATED FOR THE 2007-2008 SCHOOL YEAR, DATES FOR COMPLETING CERTAIN REQUIREMENTS ARE EXTENDED FOR ONE YEAR.
Rep. SPIRES moved to adjourn debate upon the following Bill until Wednesday, May 9, which was adopted:
H. 4028 (Word version) -- Reps. Mitchell, Whipper, Loftis, F. N. Smith, Allen, Davenport, Alexander, R. Brown and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 TO CHAPTER 117, TITLE 44 SO AS TO AUTHORIZE AND ESTABLISH THE PROCEDURES FOR ELECTRONIC PRESCRIPTION PROCESSING, INCLUDING, AMONG OTHER THINGS, CONTENTS OF THE PRESCRIPTION, ACCEPTABLE METHODS OF ELECTRONIC PRESCRIPTION TRANSMISSION, CRITERIA AND SAFEGUARDS FOR THE ELECTRONIC EQUIPMENT UTILIZED TO ELECTRONICALLY TRANSMIT THESE PRESCRIPTIONS, PATIENT CONFIDENTIALITY, AND SANCTIONS FOR VIOLATIONS.
The following Bill was taken up:
H. 4020 (Word version) -- Rep. Barfield: A BILL TO AMEND SECTION 59-136-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE BOARD OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, SO AS TO DELETE THE REQUIREMENT THAT THE BOARD ONLY MEET IN CONWAY, AND TO ADD SECTION 59-136-160 SO AS TO PROVIDE THAT ALL PROPERTY, REAL AND PERSONAL, AND RIGHTS OF
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 4029 (Word version) -- Rep. Barfield: A BILL TO AMEND ACT 114 OF 1959, AS AMENDED, RELATING TO THE HORRY COUNTY HIGHER EDUCATION COMMISSION, SO AS TO REVISE THE MANNER IN WHICH MEMBERS OF THE COMMISSION ARE APPOINTED, TO FURTHER PROVIDE FOR WHERE THE COMMISSION WILL MEET, AND TO REVISE OR DELETE OBSOLETE LANGUAGE.
Rep. COOPER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
On motion of Rep. EDGE, with unanimous consent, the following Bill was ordered recalled from the Horry Delegation:
S. 174 (Word version) -- Senator Elliott: A BILL TO AMEND ACT 452 OF 2000, RELATING TO PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE HORRY COUNTY TRANSPORTATION COMMITTEE, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE HORRY COUNTY TRANSPORTATION COMMITTEE MUST BE PAID AN ADDITIONAL SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.
Rep. HERBKERSMAN asked unanimous consent to recall S. 392 (Word version) from the Committee on Judiciary.
Rep. G. M. SMITH objected.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Joint Resolution was ordered recalled from the Horry Delegation and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 729 (Word version) -- Senator Cleary: A JOINT RESOLUTION TO PLACE IN MURRELLS INLET AT LEAST EIGHT BUOYS THAT ESTABLISH A NO WAKE ZONE WITHIN FIFTY FEET OF A DOCK.
Rep. M. A. PITTS asked unanimous consent to recall H. 3148 (Word version) from the Committee on Judiciary.
Rep. HASKINS objected.
The Veto on the following Act was taken up:
(R36) H. 3509 (Word version) -- Reps. Mitchell, Whipper, Parks, Haley, Hodges, J. H. Neal, Bedingfield, F. N. Smith, Gullick, Pinson, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bingham, Bowen, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Crawford, Dantzler, Davenport, Delleney, Duncan, Edge, Funderburk, Gambrell, Govan, Hagood, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Moss, Neilson, Ott, Owens, Perry, Phillips, E. H. Pitts, M. A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Skelton, D. C. Smith, G. M. Smith, G. R. Smith,
Rep. MITCHELL moved to adjourn debate on the Veto until Wednesday, May 9, which was agreed to.
The Veto on the following Act was taken up:
(R33) H. 3115 (Word version) -- Rep. Pinson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING AUTHORIZED BY LAW FOR THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES.
Rep. PINSON moved to adjourn debate on the Veto until Wednesday, May 9, which was agreed to.
The Senate Amendments to the following Joint Resolution were taken up for consideration:
H. 3621 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 2006-2007.
Rep. COOPER explained the Senate Amendments.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3620 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2007; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Rep. COOPER proposed the following Amendment No. 1A (Doc Name COUNCIL\BBM\10063HTC07), which was adopted:
Amend the bill, as and if amended, by striking the bill as passed by the Senate in its entirety and inserting the text of the bill as passed by the House of Representatives, which is incorporated by following changes to the House-passed version.
Amend the bill further, as and if amended, Part 1A, Section 1, Department of Education, page 5, immediately after line 11, by inserting a new line to read:
AMEND THE BILL, AS AND IF AMENDED, PART IA, SECTION 1, DEPARTMENT OF EDUCATION, PAGE 5, IMMEDIATELY AFTER LINE 11, BY INSERTING A NEW LINE TO READ:
COLUMN 5 COLUMN 6
Hazardous and Unescorted Student Transportation
2,000,000 2,000,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 1, DEPARTMENT OF EDUCATION, PAGE 13, LINE 8, OPPOSITE /PHYSICAL EDUCATION - NURSES/ BY DECREASING THE AMOUNT(S) IN COLUMNS 5 AND 6 BY:
COLUMN 5 COLUMN 6
2,000,000 2,000,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 1, DEPARTMENT OF EDUCATION, PAGE 16,
COLUMN 5 COLUMN 6
Star Academy Dropout Prevention Program
1,200,000 1,200,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 1, DEPARTMENT OF EDUCATION, PAGE 16, IMMEDIATELY AFTER LINE 8, BY INSERTING A NEW NON-RECURRING LINE TO READ:
COLUMN 5 COLUMN 6
Anderson Districts 1 & 2 Career & Technology Center
824,302 824,302
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 5F, COASTAL CAROLINA UNIVERSITY, PAGE 43, LINE 13, OPPOSITE /OTHER OPERATING EXPENSES/ BY INCREASING THE AMOUNT(S) IN COLUMNS 5 AND 6 BY:
COLUMN 5 COLUMN 6
3,000,000 3,000,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 5J, SOUTH CAROLINA STATE UNIVERSITY, PAGE 51, IMMEDIATELY AFTER LINE 24, BY INSERTING A NEW NON-RECURRING LINE TO READ:
COLUMN 5 COLUMN 6
Obesity Prevention and Awareness Project
400,000 400,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 5KA, UNIVERSITY OF SOUTH CAROLINA, PAGE 53, IMMEDIATELY AFTER LINE 27, BY INSERTING A NEW LINE TO READ:
COLUMN 5 COLUMN 6
National Hydrogen Association Convention EngenuitySC
100,000 100,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 8, DEPARTMENT OF HEALTH AND HUMAN SERVICES, PAGE 94, LINE 9, OPPOSITE /CASE SERVICES/ BY DECREASING THE AMOUNT(S) IN COLUMNS 5 AND 6 BY:
COLUMN 5 COLUMN 6
3,100,000 3,100,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 8, DEPARTMENT OF HEALTH AND HUMAN
COLUMN 5 COLUMN 6
SC Information and Referral Network
336,000 336,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 27, DEPARTMENT OF COMMERCE, PAGE 188, IMMEDIATELY AFTER LINE 23, BY INSERTING A NEW NON-RECURRING LINE TO READ:
COLUMN 5 COLUMN 6
Jasper Port Feasibility Study
500,000 500,000
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 33, PROSECUTION COORDINATION COMMISSION, PAGE 199, LINE 36, OPPOSITE /VICTIMS & WITNESS ASSISTANCE/ BY DECREASING THE AMOUNT(S) IN COLUMNS 5 AND 6 BY:
COLUMN 5 COLUMN 6
59,779 59,779
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 33, PROSECUTION COORDINATION COMMISSION, PAGE 200, LINE 11, OPPOSITE /EMPLOYER CONTRIBUTIONS/ BY INCREASING THE AMOUNT(S) IN COLUMNS 5 AND 6 BY:
COLUMN 5 COLUMN 6
59,779 59,779
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 62, ELECTION COMMISSION, PAGE 310, AFTER LINE 27, BY INSERTING A NEW NON-RECURRING LINE TO READ:
COLUMN 5 COLUMN 6
2008 Presidential Preference Primaries
2,375,560 2,183,560
AMEND THE BILL FURTHER, AS AND IF AMENDED, PART IA, SECTION 63, BUDGET AND CONTROL BOARD, PAGE 314, LINE 27, UNDER /"STATISTICIAN III"/ BY INCREASING THE FTE'S IN COLUMNS 5 AND 6 BY:
COLUMN 5 COLUMN 6
(1.00) (1.00)
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 1, DEPARTMENT OF EDUCATION, PAGE 369, AFTER
(B) The political party shall give written notice to the State Election Commission of the date set for the party's presidential preference primary no later than ninety days before the date of the primary.
(C) Nothing in this paragraph prevents a political party from conducting a presidential preference primary for the 2008 election cycle pursuant to Section 7-11-25 of the 1976 Code. /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 63, BUDGET AND CONTROL BOARD, PAGE 500, PARAGRAPH 63.37, LINE 20, BY STRIKING THE LINE IN ITS ENTIRETY AND BY INSERTING:
/ the Grants Review Committee for the purpose of awarding competitive community grants to counties and municipalities. The committee shall consist of /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 63, BUDGET AND CONTROL BOARD, PAGE 500, PARAGRAPH 63.37, LINES 30-32, BY STRIKING:
The President Pro Tempore of the Senate shall designate a co-chairperson to the commission from the Senate membership of the commission and the Speaker of the House of Representatives shall
Commission members shall serve at the pleasure of the appointing authority. Members who serve by virtue of an office serve on the commission while they hold that office. A vacancy in the membership of the commission must be filled in the manner of the original appointment. Committee membership does not constitute an office for purposes of the prohibition on dual office holding provided in Section 3, Article VI of the Constitution of this State. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this committee as provided herein.
Commission members shall serve without compensation, except citizen members are allowed the per diem and mileage as provided by law for members of a board, committee, or commission while on official business of the commission.
The State CIO Division of the Budget and Control Board shall provide staff and resources for the commission.
The powers and duties of the commission include, but are not limited to, the following: (1) develop timeframes and processes for the implementation of a statewide wireless broadband network and evaluate how to best foster a partnership between the private sector and public sector for the implementation and operation of a statewide wireless broadband network; (2) ensure the most effective use of the State's broadband and wireless communications infrastructure including, but not limited to, Federal Communications Commission licenses and wireless towers and antennas held or acquired by state agencies, departments, commissions, or similar bodies.; (3) direct the State CIO Division of the Budget and Control Board to implement the decisions of the commission, to enter into legal agreements and other matters relating to a statewide wireless broadband network, and to lease, license, or leverage the State's broadband wireless and communications infrastructure. Funds received from the lease, license, or other disposition of the State's broadband and wireless communications infrastructure must be placed in a separate account established by the State CIO Division of the Budget and Control Board to support the statewide wireless broadband network. Any unexpended portion of these funds may be carried forward until the statewide wireless broadband network is operational and the commission determines the funds are no longer necessary, at which time these funds shall lapse to the general fund; (4) recommend to the General Assembly necessary legislation, rules, programs, and policies for the
The University of South Carolina and its satellite campuses, Clemson University, Clemson University-Public Service Activities, the Medical University of South Carolina, and the Medical University Hospital Authority may elect not to participate in the requirements of this provision. /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 64, DEPARTMENT OF REVENUE, PAGE 507, AFTER LINE 2, BY ADDING AN APPROPRIATELY NUMBERED PARAGRAPH TO READ:
/ 64. (DOR: 2007 Index of Taxpaying Ability) The Department of Revenue may amend the 2007 Index of Taxpaying Ability for purposes of calculating the correct 2007 Index of Taxpaying Ability. /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 72, GENERAL PROVISIONS, PAGE 534, PARAGRAPH 72.89, LINE 8, BY STRIKING: /Fiscal Year 2006-07/ AND BY INSERTING: / Fiscal Year 2006-07 the current fiscal year /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 73, STATEWIDE REVENUE, PAGE 560, PARAGRAPH 73.12, item 27.2 (PRT-Product Development) LINES 18-19, BY STRIKING THE LINES IN THEIR ENTIRETY AND BY INSERTING:
/ (27.2) (Product Development) The funds appropriated to the Department of Parks, Recreation and Tourism in this provision for Product Development shall be used for a tourism product development program. The department shall develop tourist-attracting clusters of activity /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 73, STATEWIDE REVENUE, PAGE 563, PARAGRAPH 73.12, item (49) B&C Board, AFTER LINE 9, BY ADDING AN APPROPRIATELY NUMBERED SUBITEM TO READ:
/ (49._) (Deferred Maintenance) From the funds appropriated to the Budget and Control Board for deferred maintenance, $365,000 must be transferred to the Adjutant General's Office, Emergency Preparedness Division, for the replacement and operation of the Emergency Communications Network. /
AMEND THE BILL, AS AND IF AMENDED, PART IB, SECTION 73, STATEWIDE REVENUE, PAGE 563, PARAGRAPH
Rep. COOPER explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate Amendments to the following Concurrent Resolution were taken up for consideration:
H. 3845 (Word version) -- Reps. Harvin, Kennedy and Anderson: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY, BEGINNING AT THE SUMTER COUNTY LINE AND ENDING AT THE WILLIAMSBURG COUNTY LINE THE "JOHN C. LAND III HIGHWAY" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS LOCATION THAT CONTAIN THE WORDS "JOHN C. LAND III HIGHWAY".
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. BREELAND moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3291 (Word version) -- Reps. Knight, Alexander, Branham, Brantley, G. Brown, Cobb-Hunter, Dantzler, Harrell, Hart, Harvin, Howard, McLeod, Miller, Moss, Ott, Rice, Sellers, Stavrinakis, Witherspoon, Young and Chellis: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT MILE MARKER 77 ALONG INTERSTATE HIGHWAY 95 IN DORCHESTER COUNTY THE
H. 3987 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 23, 2007, IMMEDIATELY FOLLOWING THE ELECTION OF A SUCCESSOR TO A CERTAIN SEAT OF THE SUPREME COURT AND COURT OF APPEALS AND SUCCESSORS TO CERTAIN SEATS OF CIRCUIT COURTS, AS THE DATE FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE CITADEL, COASTAL CAROLINA UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 2007, OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
At 1:23 p.m. the House, in accordance with the motion of Rep. KIRSH, adjourned in memory of Glenn McCarter of Clover, to meet at 10:00 a.m. tomorrow.
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