Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

The Psalmist wrote:

"They are like trees planted by streams of water, which yield their fruit in season, and their leaves do not wither. In all that they do, they prosper." (Psalm 1:3)

Let us pray:

It is that season, O Lord, when all of South Carolina literally blossoms: the yellow jasmine, our dogwoods, azaleas of every hue imaginable. What a marvelous display of beauty looms all around us, in the cities, in our villages, in the forests. Please forbid, dear God, that we ever take this abundance, this symphony of springtime loveliness for granted. Moreover, never allow those of us in this Senate Chamber to take our responsibilities lightly, either-not that anyone would. Yet sometimes the temptation might be there. Instead, Lord, focus us all that we move this State to prosper in the manner of the natural world, with plentiful richness and blessings for absolutely everyone. In Your name we pray.
Amen.

The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following appointment was transmitted by the Honorable Mark C. Sanford:

Initial Appointment, Solicitor, with term to commence November 16, 2006, and to expire January 14, 2009

16th Judicial Circuit:

Kevin S. Brackett, 198 South Downs Way, Fort Mill, S.C. 29708 VICE Thomas E. Pope

Referred to the Committee on Judiciary.

The following were received and referred to the appropriate committees for consideration:

Document No. 3109
Agency: Department of Revenue
SUBJECT: Property Tax
Received by Lieutenant Governor March 23, 2007
Referred to Finance Committee
Legislative Review Expiration February 19, 2008

Document No. 3110
Agency: Department of Revenue
SUBJECT: Restocking Fees
Received by Lieutenant Governor March 23, 2007
Referred to Finance Committee
Legislative Review Expiration February 19, 2008

Senator CLEARY introduced Dr. Andrew Pate of Charleston, S.C., Doctor of the Day.

S. 608 (Word version) -- Senator Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 25, TITLE 59 TO ENACT THE "AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE ACT" SO AS TO PROVIDE THAT A SCHOOL DISTRICT MAY HIRE INDIVIDUALS WHO ARE CERTIFIED BY THE AMERICAN BOARD FOR THE CERTIFICATION OF TEACHER EXCELLENCE (ABCTE) PURSUANT TO CERTAIN CONDITIONS.

On motion of Senator MATTHEWS, with unanimous consent, the names of Senators MATTHEWS, LAND, SHORT, HAYES and RANKIN were added as co-sponsors of S. 608.

S. 431 (Word version) -- Senators McConnell, Moore, Drummond, Setzler, Matthews, Thomas, O'Dell, Gregory, Jackson, Mescher, Rankin, Alexander, Anderson, Grooms, Scott, Williams, Cromer, Vaughn, Ritchie, Verdin, Ford, Cleary and Patterson: A BILL TO AMEND CHAPTER 33 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO ENHANCE THE CERTAINTY OF INVESTMENTS IN THE INFRASTRUCTURE OF ELECTRIC UTILITIES SERVING CONSUMERS IN THIS STATE AND TO PROVIDE FOR REGULATORY OVERSIGHT OF THE DEVELOPMENT AND CONSTRUCTION OF BASE LOAD GENERATING PLANTS; TO AMEND SECTION 58-27-610, RELATING TO DEFINITIONS, SO AS TO DEFINE THE TERM "CORRIDOR RIGHTS"; TO AMEND SECTION 58-27-620, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO PROVIDE PARAMETERS TO DETERMINE WHICH SUPPLIER MAY SERVE PREMISES THAT CONSIST OF MULTIPLE BUILDINGS, STRUCTURES, OR FACILITIES; TO AMEND SECTION 58-27-660, RELATING TO SERVICE RIGHTS OF AND RESTRICTIONS ON ELECTRIC SUPPLIERS, SO AS TO RECOGNIZE THE AUTHORITY OF THE COMMISSION TO ACT WHEN IT FINDS THAT AN ELECTRIC SUPPLIER IS NOT PROVIDING ADEQUATE AND DEPENDABLE SERVICE; TO AMEND SECTION 58-27-865, RELATING TO FUEL COST RECOVERY, SO AS TO INCLUDE IN THE DEFINITION OF "FUEL COST" CERTAIN ENVIRONMENTAL COSTS AND EMISSIONS ALLOWANCE COSTS INCURRED IN THE PRODUCTION OF ELECTRIC POWER AND TO ALLOW THE PUBLIC SERVICE COMMISSION BY ORDER TO ALLOW ADDITIONAL ENVIRONMENTAL COSTS TO BE INCLUDED IN THE DEFINITION; AND TO AMEND SECTION 58-27-1210, RELATING TO EXTENSIONS OF SERVICE BY ELECTRIC UTILITIES, DISTRIBUTION ELECTRIC COOPERATIVES AND CONSOLIDATED POLITICAL SUBDIVISIONS, TO DEFINE THOSE SITUATIONS IN WHICH SUCH ENTITIES MUST SEEK COMMISSION APPROVAL BEFORE CONSTRUCTION OF FACILITIES.

On motion of Senator HAYES, with unanimous consent, the name of Senator HAYES was added as a co-sponsor of S. 431.

S. 313 (Word version) -- Senators Fair, Bryant, Verdin, Hayes, O'Dell, Thomas, McGill, Vaughn and Ryberg: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5 SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.

On motion of Senator GROOMS, with unanimous consent, the name of Senator GROOMS was added as a co-sponsor of S. 313.

The following were introduced:

S. 612 (Word version) -- Senators Courson, Land, Setzler, McConnell, Moore, Thomas, Hayes, Gregory, Rankin, Fair, Hutto, Hawkins, Pinckney, Knotts, Malloy, Cromer, Sheheen, Campsen and Lourie: A SENATE RESOLUTION CONGRATULATING THE OUTSTANDING ACHIEVEMENTS ACCOMPLISHED BY THE UNIVERSITY OF SOUTH CAROLINA, HONORING THEIR COMMITMENT TO QUALITY EDUCATION, WISHING THEM MUCH CONTINUED SUCCESS AND GROWTH IN THE FUTURE, AND RECOGNIZING MARCH 28, 2007, AS CAROLINA DAY AT THE STATE HOUSE.
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The Senate Resolution was adopted.

S. 613 (Word version) -- Senators Grooms, Verdin and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-85 SO AS TO PROVIDE THAT A PHYTOSANITARY CERTIFICATE OR A PERMIT MAY BE ISSUED BY AN INSPECTOR FOR INTRASTATE AND INTERSTATE SHIPMENTS OF CONIFER AND HARDWOOD SEEDLINGS TO VERIFY THAT THEY ARE APPARENTLY FREE OF PESTS AND DISEASES, AND TO PROVIDE THAT TO ENSURE PEST AND DISEASE-FREE PLANT MATERIAL, THE PREFERRED METHOD OF TREATMENT IS FUMIGATION USING METHYL BROMIDE IN SEEDLING PLANT BEDS PRIOR TO SEEDING.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 614 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO SEWERAGE AND WATER UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3063, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 615 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO TELECOMMUNICATIONS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 3052, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

H. 3140 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 37-5-103, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON DEFICIENCY JUDGMENTS IN CONSUMER CREDIT SALES, SO AS TO CORRECT CROSS-REFERENCES TO THE UNIFORM COMMERCIAL CODE.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3159 (Word version) -- Reps. Toole, Umphlett, Littlejohn, Huggins, Sandifer, Viers, Hamilton, G. R. Smith, Leach, Haskins, Cato, Shoopman, Bedingfield, Loftis and Lowe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROVIDE THAT RELIGIOUS REFERENCES TO GOD, A DEITY, OR A HIGHER POWER OF ANY DENOMINATION OR RELIGION MAY BE USED IN APPROVED DISPLAYS, MONUMENTS, PLAQUES, OR SIMILAR FIXTURES IN STATE OR LOCAL PUBLIC AREAS, BUILDINGS, OR PLACES.

Read the first time and referred to the Committee on Finance.

H. 3356 (Word version) -- Reps. G. M. Smith and Cato: A BILL TO AMEND SECTION 40-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSING COSTS OF INVESTIGATION AND PROSECUTION OF A CASE AGAINST A PERSON FOUND IN VIOLATION OF CHAPTER 11, TITLE 40, WHICH PROVIDES FOR THE LICENSURE AND REGULATION OF CONTRACTORS, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT ASSESS SUCH COSTS; TO AMEND SECTION 40-11-370, AS AMENDED, RELATING TO THE PROHIBITION AGAINST ENGAGING IN CONSTRUCTION IN A NAME OTHER THAN THE EXACT NAME THAT APPEARS ON THE ENTITY'S CONTRACTOR'S LICENSE AND PROHIBITING ENFORCEMENT OF A CONTRACT IF THE ENTITY ENTERED THE CONTRACT IN A NAME OTHER THAN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE, SO AS TO PROVIDE THAT AN ENTITY MAY NOT ENGAGE IN CONSTRUCTION UNDER A NAME OR A LICENSE NUMBER OTHER THAN THAT WHICH APPEARS ON THE ENTITY'S LICENSE AND TO PROVIDE THAT AN ENTITY MAY ONLY ENFORCE A CONSTRUCTION CONTRACT IF THE ENTITY EITHER ENTERED THE CONTRACT IN THE NAME THAT APPEARS ON THE ENTITY'S LICENSE OR IF THE CONTRACT CONTAINED THE LICENSE NUMBER THAT APPEARS ON THE ENTITY'S LICENSE.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3465 (Word version) -- Reps. F. N. Smith, Whipper, Agnew, Allen, Anderson, Anthony, Bales, Bannister, Bowers, Branham, Brantley, Breeland, Ceips, Clyburn, Cobb-Hunter, Coleman, Cotty, Dantzler, Davenport, Delleney, Funderburk, Govan, Hagood, Harrison, Hart, Hayes, Herbkersman, Hosey, Jefferson, Jennings, Kelly, Kennedy, Leach, Loftis, Lucas, Mack, Mitchell, Moss, J. H. Neal, J. M. Neal, Parks, Perry, Sandifer, Scarborough, Scott, Sellers, G. M. Smith, Spires, Stavrinakis, Talley, Thompson and Williams: A BILL TO AMEND SECTION 15-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMENCEMENT OF CIVIL ACTIONS, SO AS TO PROVIDE THAT THE STATUTE OF LIMITATIONS IS TOLLED UPON THE FILING OF A SUMMONS AND COMPLAINT AND TO ALLOW AN ADDITIONAL ONE HUNDRED TWENTY DAYS TO ACCOMPLISH ACTUAL SERVICE UPON THE PAYMENT OF A SEVENTY-FIVE-DOLLAR EXTENSION FEE.

Read the first time and referred to the Committee on Judiciary.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 425 (Word version) -- Senators Sheheen and Vaughn: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS.

Ordered for consideration tomorrow.

Senator RYBERG from the Committee on Transportation submitted a favorable with amendment report on:

S. 472 (Word version) -- Senators Lourie, Courson, Vaughn, Alexander, Sheheen, Ryberg, Williams, Leventis, Cleary, Drummond, Mescher, Cromer, Hayes, Verdin and Grooms: A BILL TO AMEND SECTION 56-5-2941 OF THE 1976 CODE, RELATING TO THE INSTALLATION OF IGNITION INTERLOCK DEVICES, TO PROVIDE THAT IN ADDITION TO OTHER PENALTIES IMPOSED ON A PERSON VIOLATING IMPAIRED DRIVING LAWS, THE COURT MUST REQUIRE THE PERSON TO HAVE AN IGNITION INTERLOCK DEVICE INSTALLED ON ANY VEHICLE REGISTERED AND LICENSED IN HIS NAME OR IN THE NAME OF A MEMBER OF HIS IMMEDIATE FAMILY, TO PROVIDE THAT THE COURT MAY WAIVE THE INSTALLATION REQUIREMENT FOR AN OFFENDER WHO HAS A MEDICAL CONDITION THAT MAKES HIM INCAPABLE OF PROPERLY OPERATING THE DEVICE, TO PROVIDE FOR THE LENGTH OF TIME THAT AN IGNITION INTERLOCK DEVICE MUST BE INSTALLED, TO PROVIDE THAT THE OFFENDER MUST HAVE HIS IGNITION INTERLOCK DEVICE INSPECTED EVERY SIXTY DAYS TO VERIFY THAT IT IS AFFIXED TO THE VEHICLE AND OPERATING PROPERLY, TO PROVIDE THAT THE COURT MUST GIVE THE DEPARTMENT OF MOTOR VEHICLES NOTICE OF AN ORDER IMPOSING THE REQUIREMENTS OF THIS ACT, TO PROVIDE A PROCESS BY WHICH A FOURTH OFFENDER MAY HAVE THE DEVICE REMOVED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON REQUIRED TO HAVE AN IGNITION INTERLOCK DEVICE ENDORSEMENT ON HIS LICENSE TO OPERATE A VEHICLE NOT EQUIPPED WITH AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT AN OFFENDER WHOSE JOB REQUIRES HIM TO DRIVE A VEHICLE OWNED BY HIS EMPLOYER MAY OPERATE THE EMPLOYER'S VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE INSTALLED, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, OR TO ATTEMPT TO TAMPER WITH OR DISABLE AN IGNITION INTERLOCK DEVICE, TO PROVIDE THAT IT IS UNLAWFUL FOR AN OFFENDER OR ANOTHER PERSON TO SOLICIT OR REQUEST SOMEONE TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO ENGAGE AN IGNITION INTERLOCK DEVICE TO START A MOTOR VEHICLE FOR AN OFFENDER, TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES IS REQUIRED TO DEVELOP REGULATIONS GOVERNING THE CERTIFICATION, USE, MAINTENANCE, AND OPERATIONS OF INTERLOCK IGNITION DEVICES, TO PROVIDE THAT ONLY CERTIFIED DEVICES MAY BE USED, TO PROVIDE THAT THE DEPARTMENT MUST CERTIFY ALL BREATH TESTING IGNITION INTERLOCK DEVICES THAT MEET FEDERAL STANDARDS, TO PROVIDE THAT THE DEPARTMENT MUST MAINTAIN A LIST OF CERTIFIED DEVICES AND MANUFACTURERS, TO REQUIRE THAT DECERTIFIED DEVICES MUST BE REPLACED, TO PROVIDE THAT THE DEPARTMENT MUST MAKE AVAILABLE ON ITS INTERNET WEB SITE ITS POLICIES, PROCEDURES AND REGULATIONS CONCERNING IGNITION INTERLOCK DEVICES; TO AMEND SECTION 56-1-400, TO PROVIDE THAT WHEN THE DEPARTMENT OF MOTOR VEHICLES RETURNS OR ISSUES A NEW LICENSE TO AN OFFENDER WHOSE LICENSE WAS SUSPENDED FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS, THE LICENSE MUST CONTAIN A CONSPICUOUS ENDORSEMENT IDENTIFYING THE LICENSEE AS A PERSON WHO MAY ONLY DRIVE A VEHICLE WITH AN IGNITION INTERLOCK DEVICE INSTALLED; AND TO AMEND SECTION 56-5-2959, TO PROVIDE THAT SLED NO LONGER HAS TO POST CERTAIN INFORMATION CONCERNING IGNITION INTERLOCK SYSTEMS ON ITS INTERNET WEB SITE.

On motion of Senator MARTIN, with unanimous consent, the Bill was committed to the Committee on Judiciary, retaining its place on the Calendar.

At 12:45 P.M., Senator MARTIN assumed the Chair.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:

S. 324 (Word version) -- Senators McGill and Knotts: A BILL TO AMEND SECTION 59-26-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS CERTIFICATION, SO AS TO PROVIDE THAT TEACHERS WHO ARE CERTIFIED BY THE NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS (NBPTS), BUT NOT YET CERTIFIED BY THE STATE, SHALL RECEIVE AN INCREASE IN PAY EQUAL TO TWO-THIRDS OF THE AMOUNT PROVIDED FOR STATE-CERTIFIED TEACHERS WHO ALSO ARE NBPTS CERTIFIED.

H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by Senators CAMPSEN, MALLOY, SHEHEEN, BRYANT, GROOMS, VERDIN and FAIR previously printed in the Journal of March 22, 2007.

Senator CAMPSEN asked unanimous consent to withdraw the amendment.

There was no objection.

The amendment was withdrawn.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

S. 499 (Word version) -- Senators Rankin, Elliott, Thomas, McConnell, Cleary, Grooms, Verdin, Campsen, Ford and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 90, TITLE 38 SO AS TO ENACT THE "SOUTH CAROLINA COASTAL CAPTIVE INSURANCE ACT OF 2007", TO PROVIDE FOR THE MANNER IN WHICH A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY BE FORMED, LICENSED, AND REGULATED, TO DEFINE AND TO LIMIT THE TYPES OF RISK A SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANY MAY UNDERWRITE, TO ESTABLISH MINIMUM CAPITALIZATION REQUIREMENTS FOR SOUTH CAROLINA COASTAL CAPTIVE INSURANCE COMPANIES, AND TO PERMIT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO SET ADDITIONAL DISCRETIONARY CAPITALIZATION REQUIREMENTS NECESSARY TO PROTECT THE PUBLIC, AND TO PROVIDE FOR CERTAIN REQUIRED DISCLOSURES TO CONSUMERS IN ALL APPLICATIONS FOR INSURANCE AND POLICIES.

The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.

Senator THOMAS proposed the following amendment (DKA\3252DW07), which was adopted:

Amend the bill, as and if amended, Section 38-90-830(D), SECTION 1, page 3, beginning on line 24, by deleting the subsection in its entirety and inserting:

/ (D)(1)   A South Carolina coastal captive insurance company formed as a sponsored captive insurance company:

(a)   is exempt from the provisions of Section 38-90-220 that require that the business written by a sponsored captive insurance company, with respect to each protected cell, must be fronted by an insurance company license pursuant to the laws of:

(i)   a state; or

(ii)   a jurisdiction if the insurance company is a wholly owned subsidiary of an insurance company licensed pursuant to the laws of any state;

(b)   may create a protected cell as a legal person separate from the protected cell company and may organize a protected cell under any incorporation or organization option available under Section 38-90-60, unless the director finds such option is not feasible pursuant to Section 38-90-860(B);

(c)   may have as its sponsor an association formed to address coastal property and insurance issues.

(2)   A South Carolina coastal captive insurance company may issue directly its own policies to insureds. /

Amend further, Section 38-90-880(B), SECTION 1, page 8, line 25, by deleting / " / and by inserting after line 26:

/ Section 38-90-890.   The director may not issue a license to a South Carolina coastal captive insurance company unless the director finds that the:

(1)   coastal captive insurance company is capitalized adequately or properly reinsured, or both, after giving due consideration to the business plan, feasibility study, and proformas, including the level of risk to be retained by the coastal captive insurance company;

(2)   proposed business plan of the coastal captive insurance company provides for a reasonable and expected successful operation and is not hazardous to any policyholder;

(3)   proposed business plan, including any contracts or agreements to which the coastal captive insurance company is a party, and the intended operation of the coastal captive insurance company comply with this article and with any other applicable provisions of this title; and

(4)   proposed business plan and intended operation of the coastal captive insurance company satisfy the purpose of this article." /

Renumber sections to conform.

Amend title to conform.

Senator THOMAS explained the amendment.

The amendment was adopted.

On motion of Senator SHEHEEN, with unanimous consent, the Bill was carried over, as amended.

S. 449 (Word version) -- Senators Martin, Verdin, Sheheen, Leventis, Bryant and Knotts: A BILL TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, BY ADDING SECTION 56-1-85, TO PROVIDE THAT THE STATE WILL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE REAL ID ACT UNTIL THE FEDERAL GOVERNMENT MAKES CERTAIN MODIFICATIONS.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Senator MARTIN explained the Bill.

Senator MARTIN asked unanimous consent to make a motion to take up further amendments pursuant to the provisions of Rule 26B.

There was no objection.

Senator MARTIN proposed the following amendment (S-449 AMENDMENT 1), which was adopted:

Amend the bill, as and if amended, page 2 by striking SECTION 2 in its entirety and inserting:

/   SECTION 2. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-85. The State will not participate in the implementation of the REAL ID Act until:

(1) the Department of Homeland Security, through regulation, takes all practical and prudent steps to ensure that the implementation of the REAL ID Act will not compromise the privacy of any citizen or resident of the State of South Carolina;

(2) the federal government provides one hundred percent of the funding necessary for the implementation of the REAL ID Act; and

(3) the federal government, through regulation by the Department of Homeland Security, adopts the changes to the REAL ID Act as outlined in the report entitled 'The REAL ID Act: National Impact Analysis' of the National Conference of State Legislatures, the National Governor's Association and the American Association of Motor Vehicle Administrators' published September 2006, or as amended since then."                 /

Renumber sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

The amendment was adopted.

On motion of Senator SETZLER, with unanimous consent, the Bill was carried over, as amended.

S. 585 (Word version) -- Senator Ryberg: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE, DIVISION OF PUBLIC RAILWAYS TO IMPLEMENT AND OVERSEE A STATEWIDE RAIL PLAN, ON OR BEFORE MARCH 31, 2008, IN ACCORDANCE WITH EXISTING FEDERAL STATUTES, RULES, AND GUIDELINES.

The Senate proceeded to a consideration of the Joint Resolution, the question being the second reading of the Joint Resolution.

Senator CLEARY proposed the following amendment (585R001.REC):

Amend the joint resolution, as and if amended, by striking SECTION 1 in its entirety and inserting:

/   SECTION   1.   (A)   The General Assembly finds that South Carolina must create a new statewide rail plan that accommodates all future commercial and passenger demands, and that addresses the State's economic development needs.

(B)   The General Assembly finds that to receive federal funds, the new statewide rail plan must comply with any and all federal statutes, rules, and guidelines.       /

Renumber sections to conform.

Amend title to conform.

On motion of Senator McCONNELL, with unanimous consent, the Joint Resolution was carried over, as amended.

On motion of Senator MOORE, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Joyce Wilkerson of Johnston, S.C., beloved mother of Senator Moore's long-time Administrative Assistant, Alisa Painter.

At 1:25 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 2:00 P.M.

This web page was last updated on Monday, June 22, 2009 at 2:01 P.M.