South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, MAY 6, 1993

Thursday, May 6, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

On this "Legislative Family Day 1993", we express to You, Lord, our gratitude for the patience and understanding shown by the families of the members of this General Assembly and for the families of the others associated with the work here. We see so much evidence of sacrifices, nobly and willingly made, that these men and women may do their work for the good of our great State and beyond. We thank You, Heavenly Father, for the tremendous and unselfish support of these families given to all in these hallowed halls as they carry out their Legislative duties.

So accept our thanks, Lord, for families that hold up our hands as we discharge the duties of the unique offices to which You have called us. Amen.

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

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 5, 1993
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 H. 3137:
H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3660 -- Reps. Wilkins, Waldrop, T.C. Alexander, Simrill, Felder, Wright, Riser, Harrison, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Sharpe, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, R. Smith, Townsend, Vaughn, Wells, Wofford, A. Young, R. Young, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-185 SO AS TO REQUIRE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES TO COLLECT, ANALYZE, AND MAKE AVAILABLE CERTAIN NONIDENTIFYING HEALTH CARE INFORMATION.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3692 -- Reps. Vaughn, Waldrop, J. Bailey, Hines, Farr, Kirsh, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Wofford, Corning, Cato, Holt, Harrelson, Davenport, Moody-Lawrence, P. Harris, Gonzales, Witherspoon, Cooper, Byrd, Riser, Wright, D. Wilder, Mattos, Houck, Jaskwhich, Chamblee and Klauber: A BILL TO AMEND SECTION 20-7-1650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO ADOPTIONS, SO AS TO REVISE THE DEFINITION OF CHILD PLACING AGENCY.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3693 -- Reps. Vaughn, Moody-Lawrence, Waldrop, J. Bailey, Kirsh, Farr, Holt, Stone, Walker, Littlejohn, Gamble, Richardson, Cobb-Hunter, Allison, Wells, Hines, Huff, Cato, Harrelson, Witherspoon, Wofford, P. Harris, Gonzales, Cooper, Klauber, Davenport, Byrd, Chamblee, Houck, Riser, D. Wilder, Lanford, Wright, Jaskwhich, Mattos, Haskins and Corning: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHERE THE CHILD HAS BEEN IN FOSTER CARE FOR SIX MONTHS AFTER REQUIRED CONSENTS HAVE BEEN OBTAINED AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3955 -- Rep. D. Smith: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS COLLECTED IN EACH COUNTY, SO AS TO PROVIDE THAT THE FEE FOR EXPUNGING CRIMINAL RECORDS DOES NOT APPLY TO DEFENDANTS WHO HAVE SUCCESSFULLY COMPLETED A PRETRIAL INTERVENTION PROGRAM OR IN CASES WHERE THE UNDERLYING CHARGE IS DISMISSED, NOL PROSSED, OR WHERE THE DEFENDANT IS FOUND NOT GUILTY.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

On motion of Rep. PHILLIPS, with unanimous consent, the following was ordered placed on the Calendar without reference.

H. 4170 -- Reps. Sheheen, Delleney, Fulmer, Harrison, McElveen and McTeer: A CONCURRENT RESOLUTION TO DECLARE THE PUBLIC POLICY OBJECTIVES AND STATE INTERESTS OF THE STATE OF SOUTH CAROLINA IN ESTABLISHING SINGLE-GENDER INSTITUTIONS OF HIGHER LEARNING FOR THE PURPOSE OF PROVIDING SINGLE-GENDER POST-SECONDARY EDUCATIONAL OPPORTUNITIES TO ITS CITIZENS, AND TO ESTABLISH A COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EXPLORING ALTERNATIVES FOR THE PROVISION OF SINGLE-GENDER EDUCATIONAL OPPORTUNITIES FOR WOMEN.

INTRODUCTION OF BILLS

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

H. 4171 -- Reps. Richardson, White, Phillips, Shissias, Williams, Stone, R. Smith and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "SOUTH CAROLINA COMPREHENSIVE HEALTH CARE REFORM ACT OF 1993" BY ADDING ARTICLES 4, 6, AND 8 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR HEALTH CARE COOPERATIVE AGREEMENTS, TO REGULATE SELF-REFERRAL OF PATIENTS BY HEALTH CARE PROFESSIONALS, AND TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP CLINICAL PRACTICE GUIDELINES; BY ADDING ARTICLES 7, 9, AND 11 TO CHAPTER 11, TITLE 1 SO AS TO PROVIDE FOR HEALTH CARE COST CONTAINMENT, TO PROVIDE FOR A TRANSITION TO UNIVERSAL HEALTH INSURANCE COVERAGE, AND TO PROVIDE FOR EDUCATION AND TRAINING OF HEALTH CARE PROFESSIONALS; BY ADDING ARTICLE 3 TO CHAPTER 70, TITLE 38 SO AS TO PROVIDE FOR MEDICAL REVIEW CRITERIA; BY ADDING ARTICLE 13 TO CHAPTER 71, TITLE 38 SO AS TO PROVIDE STANDARDS AND REQUIREMENTS FOR INDIVIDUAL AND GROUP HEALTH BENEFIT PLANS; BY ADDING CHAPTER 47 TO TITLE 15 SO AS TO PROVIDE IN MEDICAL MALPRACTICE ACTIONS FOR COURT-ORDERED ARBITRATION, BINDING ARBITRATION AGREEMENTS, PERIODIC PAYMENTS OF JUDGMENTS, AND PROCEDURES AND EVIDENCE IN THESE ACTIONS; BY AMENDING SECTION 15-48-10, RELATING TO VALIDITY OF ARBITRATION AGREEMENTS, SO AS TO PROVIDE THAT THE UNIFORM ARBITRATION ACT APPLIES TO CERTAIN MEDICAL MALPRACTICE ACTIONS; BY AMENDING SECTION 38-70-15, RELATING TO THE APPLICABILITY OF UTILIZATION REVIEWS OF HEALTH CARE RESOURCES AND SERVICES, SO AS TO MAKE IT APPLICABLE TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS; BY DESIGNATING SECTION 38-70-10 THROUGH 38-70-60 AS ARTICLE 1 OF CHAPTER 70, TITLE 38 AND NAMING IT "PRIVATE REVIEW AGENTS"; AND BY REPEALING SECTIONS 38-71-120, 38-71-140, 38-71-210, 38-71-325, 38-71-350, 38-71-360, 38-71-760, 38-71-770, 38-71-780, AND SECTIONS 38-71-910 THROUGH 38-71-1110 RELATING TO ACCIDENT AND HEALTH INSURANCE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4172 -- Reps. Witherspoon, Sharpe and Riser: A BILL TO AMEND SECTION 40-39-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY PAWNBROKERS OF PROPERTY TO PAWN, SO AS TO PROVIDE FOR THE RETURN OF LOST OR STOLEN PROPERTY WITHOUT CHARGE.

Referred to Committee on Labor, Commerce and Industry.

S. 596 -- Senator Ryberg: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Baker                  Baxley                 Beatty
Breeland               Brown, H.              Brown, J.
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Cromer
Davenport              Delleney               Elliott
Fair                   Farr                   Gamble
Gonzales               Graham                 Harrell
Harrelson              Harris, J.             Harris, P.
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Lanford                Law
Littlejohn             Marchbanks             Martin
McAbee                 McCraw                 McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 6.

Robert A. Barber, Jr.             Grady A. Brown
James G. Mattos                   Ronald C. Fulmer
Timothy F. Rogers                 James H. Harrison
John J. Snow, Jr.                 Roland S. Corning
B. Hicks Harwell                  Alma W. Byrd
Jerry N. Govan, Jr.               Eugene C. Stoddard
C. Alex Harvin, III               Larry L. Koon
Joseph T. McElveen, Jr.           C. Lenoir Sturkie
Richard M. Quinn, Jr.             William D. Boan
Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. A. YOUNG a leave of absence due to the serious illness of her husband.

The SPEAKER granted Reps. J. WILDER and HALLMAN a leave of absence to attend the State Federal Assembly in Washington, D.C.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Thursday, May 6.

James S. Klauber

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4161 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1993, AND ENDING JUNE 30, 1994.

H. 4162 -- Reps. Holt, Whipper, J. Bailey, Hutson, Hallman, Breeland, Harrell, Gonzales, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.

H. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.

S. 748--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted.

S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

H. 3073--RECONSIDERED, AMENDED AND ORDERED TO
THIRD READING

Rep. RHOAD moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

H. 3073 -- Reps. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Reps. RHOAD and HOLT proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7242BD.93), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     The 1976 Code is amended by adding:

"Section 50-21-870.     (A)     As used in this section:

(1)(a)     'Personal watercraft' means a boat less than sixteen feet in length which:

(i)     has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;

(ii)     is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;

(iii)     has the probability that the operator and passenger, in the normal course of use, may fall overboard.

(b)     Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a 'jet ski'.

(2)     'Specialty propcraft' means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller driven motor.

(3)     'Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.

(B)     No person may:

(1)     operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;

(2)     operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State after sunset or before sunrise without carrying and exhibiting an all-round white light visible at a minimum range of two miles and side lights visible at a minimum range of one mile;

(3)     operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;

(4)     operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;

(5)     operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;

(6)     operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State in excess of the no wake speed within twenty-five feet of a moored or an anchored vessel, wharf, dock, or pier or within fifty feet of a person in the water;

(7)     chase, harass, molest, worry, or disturb wildlife with a personal watercraft or specialty propcraft, except while lawfully angling for, hunting, or trapping wildlife;

(8)     tow a water skier or a person on a floating device with a personal watercraft or specialty propcraft unless the craft is equipped with a mirror which permits the operator to observe the person being towed, or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal floatation device provided in item (1). Personal watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;

(9)     operate while upon the waters of this State a personal watercraft or specialty propcraft in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;

(10)     operate while upon the waters of this State a personal watercraft or specialty propcraft in a manner so as to completely leave the water while crossing the wake of another vessel within fifty feet of the vessel creating the wake.

(C)     It is unlawful for a person who owns a personal watercraft or specialty propcraft or who has charge over or control of a personal watercraft or specialty propcraft to authorize or knowingly to permit the personal watercraft or specialty propcraft to be operated in violation of this section.

(D)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

(E)     This section does not apply to:

(1)     the operation of personal watercraft or specialty propcraft by the following personnel while in the performance of their official duties:

(a)     law enforcement;

(b)     emergency medical;

(c)     civil defense;

(d)     military;

(e)     state and federally approved wildlife;

(f)     those involved in biological research programs;

(2)     activity on private waters;

(3)     performers engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."

SECTION     2.     This act takes effect upon approval by the Governor./

Amend title to conform.

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

H. 3073--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 3073 be read the third time tomorrow.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 512 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-9-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR CERTAIN PRIVATE PONDS, SO AS TO ALLOW FOR THE LICENSING OF CERTAIN FISHING FACILITIES IN LIEU OF INDIVIDUAL LICENSES.

S. 548--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. JENNINGS having the floor.

S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, May 5, by Rep. JENNINGS.

Rep. JENNINGS continued speaking.

The amendment was then adopted.

Rep. CORNING proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\N05\7222BD.93), which was tabled.

Amend the bill, as and if amended, Section 50-11-310(C), SECTION 1, page 2, line 15, after /deer/ by inserting:

/and except in Game Zones 3 and 5 where it is unlawful to pursue deer with dogs at any time on tracts of less than two hundred fifty contiguous acres/

Amend title to conform.

Rep. CROMER moved to table the amendment, which was agreed to.

Rep. CORNING proposed the following Amendment No. 4, which was tabled.

Amend the Bill, as and if amended, by adding a new appropriately numbered section to read:

Section 50-11-___.     A.     In Game Zones 1 and 5, it is unlawful to hunt deer with dogs within twenty-five yards of the edge of an open paved county, state or federally maintained through roadway.

B.     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars and/or imprisoned not more than thirty days.

Rep. CROMER moved to table the amendment, which was agreed to.

Rep. CORNING proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\N05\7233BD.93), which was tabled.

Amend the bill, as and if amended, by adding an appropriate numbered SECTION to read:

/SECTION __.     The 1976 Code is amended by adding:

"Section 50-11-352.     (A)     In Game Zones 3 and 5, it is unlawful to hunt deer within twenty-five yards of the edge of a paved county, state, or federally maintained through roadway.

(B)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."/

Renumber sections to conform.

Amend title to conform.

Rep. CROMER moved to table the amendment, which was agreed to.

Rep. CORNING proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\N05\7235BD.93), which was ruled out of order.

Amend the bill, as and if amended, Section 50-11-310(C), SECTION 1, page 2, line 15, after /deer/ by inserting:

/and except in Game Zones 3 and 5 where it is unlawful to pursue deer with dogs at any time on tracts of less than two hundred fifty contiguous acres/

Amend title to conform.

POINT OF ORDER

Rep. CROMER raised the Point of Order that Amendment No. 6 was out of order as it was identical to Amendment No. 3.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. CORNING proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\N05\7237BD.93), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     The 1976 Code is amended by adding:

"Section 50-11-60.     (A)     In Game Zones 3 and 5, no person, except as permitted by law, may have or carry a shotgun within twenty-five yards of the edge of a paved open county, state, or federally maintained through roadway unless its barrel and magazine are unloaded and its barrel and breech are closed.

(B)     A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER moved to table the amendment, which was agreed to.

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

H. 3463--DEBATE ADJOURNED

Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

H. 3669--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 5, by Rep. HASKINS.

Rep. HASKINS moved to table the amendment, which was agreed to.

Rep. HASKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11350AC.93), which was adopted.

Amend the bill, as and if amended, Section 43-1-115, as contained in SECTION 3 of the bill, by deleting on page 2, line 29 /ninety-five/ and inserting /ninety/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HASKINS explained the amendment.

The amendment was then adopted.

Rep. HASKINS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11374AC.93), which was adopted.

Amend the bill, as and if amended, Section 20-7-2240, by deleting lines 37 through 42 and inserting:

/(5) Rescue missions, or other similar charitable institutions, organized before May 8, 1959, for the purpose of providing temporary care and custody of children and other needy persons and operating under a local board of trustees pursuant to and duly authorized by law./

Amend title to conform.

Rep. HASKINS explained the amendment.

Rep. WILKES moved to table the amendment.

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 30; Nays 51

Those who voted in the affirmative are:

Askins                 Breeland               Byrd
Cobb-Hunter            Elliott                Govan
Harris, P.             Harvin                 Holt
Houck                  Inabinett              Kennedy
Keyserling             Kinon                  Law
McAbee                 McElveen               McTeer
Moody-Lawrence         Neal                   Richardson
Rogers                 Scott                  Sharpe
Stone                  Waites                 Whipper
White                  Wilkes                 Williams

Total--30

Those who voted in the negative are:

Allison                Baker                  Baxley
Brown, G.              Brown, H.              Cato
Chamblee               Clyborne               Cooper
Cromer                 Davenport              Delleney
Fair                   Gamble                 Gonzales
Graham                 Harrell                Harris, J.
Haskins                Hutson                 Jaskwhich
Jennings               Keegan                 Kelley
Koon                   Lanford                Littlejohn
Marchbanks             McCraw                 Meacham
Riser                  Robinson               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stuart
Thomas                 Townsend               Trotter
Vaughn                 Waldrop                Walker
Wells                  Wilder, D.             Wilkins
Wofford                Wright                 Young, R.

Total--51

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

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

H. 4036--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.

H. 3421--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10548JM.93).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Chapter 77 of Title 38 of the 1976 Code is amended by adding:

"ARTICLE 13
Non-Economic Loss

Section 38-77-1200.     As used in this article, unless the context otherwise requires:

(A)     'Accidental bodily injury' means bodily injury, sickness, or disease, or death resulting therefrom, arising out of the ownership, operation, or use of a motor vehicle, or while occupying such vehicle, which is accidental as to the person insured.

(B)     'Economic loss' means actual pecuniary loss and actual monetary expenses incurred by or on behalf of an injured person as the result of an accidental bodily injury consisting only of medical expense, work loss, replacement services loss, and death benefits.

(C)     'Injured person' means a person who sustains accidental bodily injury when eligible for benefits under a policy of automobile insurance. The term also includes, where appropriate, the personal representative of an estate.

(D)     'Intentional misconduct' means conduct whereby harm is intentionally caused or attempted to be caused by one who acts or fails to act for the purpose of causing harm or with knowledge that harm is substantially certain to follow when such conduct caused or substantially contributed to the harm claimed for. A person does not intentionally cause or attempt to cause harm (1) merely because his or her act or failure to act is done with the realization that it creates a grave risk of causing harm or (2) if the act or omission causing bodily harm is for the purpose of averting bodily harm to oneself or another person.

(E)     'Motor vehicle' is defined by Section 38-77-30(7).

(F)     'Noneconomic loss' means any loss other than economic loss and includes, but is not necessarily limited to, pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, hedonic damages, and loss of any of the following: earning capacity, consortium, society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education. Noneconomic loss does not include economic loss caused by pain and suffering or by physical impairment.

(G)     'Occupying' means to be in or upon a motor vehicle or engaged in the immediate act of entering into or alighting from the motor vehicle.

(H)     'Operation or use' means operation or use of a motor vehicle as a motor vehicle, including, incident to its operation or use as a vehicle, occupying it. Operation or use of a motor vehicle does not cover conduct within the course of a business of manufacturing, selling, or maintaining a motor vehicle, including repairing, servicing, washing, loading, or unloading, nor does it include such conduct not within the course of such a business, unless such conduct occurs while occupying a motor vehicle.

(I)     'Owner' means the person or persons, other than a lienholder or secured party, who owns or has title to a motor vehicle or is entitled to the use and possession of a motor vehicle subject to a security interest held by another person. Owner does not include (i) a lessee under a lease not intended as security, or (ii) the United States of America or any agency thereof, except with respect to motor vehicles for which it has elected to provide insurance.

(J)     'Permanent' means an injury whose effects cannot be eliminated by further time for recovery or by further treatment and care, including surgery.

(K)     'Person' includes an organization, public or private.

(L)     'Replacement services loss' means expenses reasonably incurred in obtaining ordinary and necessary services from others, not members of the injured person's household, in lieu of those the injured person would have performed for the benefit of the household. Replacement services loss does not include any loss incurred after the death of an injured person, and the disability period shall not exceed two years from the date of the accident.

(M)     'Serious' means only an injury which has a substantial bearing on the injured person's ability to resume substantially all of his normal activities and lifestyle.

(N)     'Serious bodily injury' means an accidental bodily injury which results in death, serious and permanent loss of an important bodily function, permanent and serious bodily injury determined objectively within reasonable medical probability, or serious and permanent disfigurement.

Section 38-77-1210.     In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which a policy of automobile insurance as defined in Section 38-77-30(1) is applicable, or against any person or organization legally responsible for his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury reaches one of the following thresholds:

(1)     the injury or disease consists in whole or in part of permanent and serious disfigurement;

(2)     permanent and serious bodily injury, determined objectively, within reasonable medical probability;

(3)     permanent and serious loss of an important bodily function;

(4)     the actual economic loss exceeds the policy limits of the at-fault party; or

(5)     death.

Section 38-77-1220.     The provisions of this article are not applicable if the motor vehicle operator was driving under the influence of alcohol or illegal drugs or is guilty of intentional misconduct.

Section 38-77-1230.     In any action where the defendant contends that the plaintiff's injury does not meet the standards set forth in Section 38-77-1210, either party may seek summary judgment on that issue. If a motion is made, the court may determine at least thirty days before the date set for trial whether there is a material issue of fact as to whether the injury meets the standards of Section 38-77-1210 or if not, render summary judgment in accordance with the undisputed facts. If the facts regarding the nature of the injury are undisputed, the question as to whether or not the facts render the injury as meeting the standards of Section 38-77-1210 is a question of law to be decided by the court. In any action to be tried before a jury where the defendant contends the plaintiff's injury is not a serious and permanent injury but the defendant concedes or the court determines that there is a material issue of fact as to whether the plaintiff's injury meets the standards of Section 38-77-1210 then, upon motion of the defendant, that issue shall be separately tried and no other evidence as to plaintiff's noneconomic loss shall be received until that issue has been resolved. After resolution of that issue, the amount of the plaintiff's noneconomic loss may be tried before the same jury or a different jury, as the court may in its discretion decide."

SECTION     2.     Section 38-77-280 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:

"Section 38-77-280.     (A)     Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall may make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to an insured or qualified applicant who requests the coverage.

If collision coverage is offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured or qualified applicant, at his option, may select an additional deductible in appropriate increments up to one thousand dollars.

If comprehensive coverage or fire, theft, and combined additional coverages is offered or provided, it must have a mandatory deductible of two hundred fifty dollars, but an insured, at his option, may select an additional deductible in appropriate increments up to one thousand dollars. This deductible does not apply to auto safety glass. It is an unfair trade practice, as described in Section 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance, comprehensive coverage, or fire, theft, and combined additional coverages unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner. An insurer may offer insureds lower deductibles at the insurer's option.

(B)     Notwithstanding subsection (A) and Sections 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to an applicant or existing policyholder, on renewal, who has collected benefits provided under automobile insurance physical damage coverage during the thirty six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses. Automobile insurers may refuse to write for private passenger automobiles physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for an applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or another operator not excluded in accordance with Section 38-77-340 and who resides in the same household, which does not qualify for the safe driver discount in Section 38-73-760e.

All insurers subject to the provisions of this section writing single interest collision coverage shall provide an applicant for the insurance at the time of his application a notice separate and apart from any other form used in the application. The notice must be signed by the applicant evidencing his acknowledgment of having read the notice. The notice must contain the following language printed in bold face type:
'NOTICE: THE INSURANCE COVERAGE YOU ARE HEREBY PURCHASING IS ONLY SINGLE INTEREST COLLISION COVERAGE. THE AMOUNT OF INSURANCE DECREASES AS YOU PAY OFF THE AMOUNT OF YOUR INDEBTEDNESS. YOU MAY NOT RECEIVE ANY INSURANCE PROCEEDS OVER AND ABOVE THE AMOUNT OF THE OUTSTANDING BALANCE ON YOUR LOAN.'    

(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be canceled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455(A) or Section 38-77-280(B) which existed before the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.

(D) No policy of insurance which provides automobile physical damage coverage may be ceded to the facility.

(E)     Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than from those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in Section 38-73-457.

(F) A carrier may not cede collision coverage, comprehensive coverage, or fire, theft, and combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass.

In determining the premium rates to be charged on automobile insurance, it is unlawful to consider race, color, creed, religion, national origin, ancestry, location of residence, occupation, or economic status.

(G)     An insurer or agent shall provide written notice to the insured of the reason or reasons the insured was not written at the base rate.

(H)     The Chief Insurance Commissioner shall compile a comparative statistical analysis of the persons for whom physical damage coverages are written and of the persons for whom physical damage coverages are denied indicating the data for the following categories: race; sex; occupation; income; and geographical territory. This report must be furnished on an annual basis to the General Assembly."

SECTION     3.     Section 38-73-1425 of the 1976 Code, as added by Act 113 of 1991, is amended to read:

"Section 38-73-1425.     The final rate or premium charge for a private passenger automobile insurance risk ceded to the facility which does not qualify for the safe driver discount in Section 38-73-760(e) is the final rate or premium charge required by Section 38-73-1420 or the final rate or premium charge approved for use by the insurer, whichever is greater, so that the facility may not be unreasonably utilized by automobile insurers ceding business pursuant to Section 38-77-950.

The establishing of a rate for all business ceded to the facility shall be phased in over a two-year period so that no less than fifty percent of the current differential of the company-filed rate and the current facility rate shall be added on renewals or new business effective on or after October 1, 1993, and the remaining fifty percent differential between the company-filed rate and the facility rate shall be added on renewals or new business effective on or after October 1, 1994."

SECTION     4.     Section 38-73-455 of the 1976 Code, as last amended by Act 113 of 1991, is further amended to read:

"Section 38-73-455.     (A)     An automobile insurer shall offer two four different rates for automobile insurance, a base rate as defined in Section 38-73-457 and an objective standards rate which is twenty-five percent above the base rate liability coverages, uninsured motorist coverages, and underinsured motorist coverages. Both All of these rates are subject to all surcharges or discounts, if any, applicable under any approved merit rating plan, credit, or discount plan promulgated or approved by the commissioner.

(B) No later than July 1, 1994, insurers of automobile insurance must file with the commissioner revised rates for private passenger automobile insurance policies written by them. Each insurer must file:

(1)     a 'preferred' rate by driver classification and territory, which is a rate less than the standard rate defined herein. This rate applies to private passenger automobile insurance risks which qualify for the safe driver discount; and

(2)     a 'standard' rate which must be the approved base rate as defined in Section 38-73-457, by driver classification and territory in effect on July 1, 1994. This rate applies to private passenger automobile insurance risks which qualify for the safe driver discount; and

(3)     a 'nonpreferred' rate by driver classification and territory, which is a rate more than the standard rate but less than the rate by driver classification and territory for the substandard rate and is applicable to all private passenger automobile insurance risks; and

(4)     a 'substandard' rate by driver classification and territory, which is a rate more than the nonpreferred rate but less than or equal to the highest rate by driver classification and territory for the facility, and is applicable to all private passenger automobile risks.

(C)     The commissioner must approve the rates filed pursuant to subsection (A). If the rates are approved, the rates shall become effective for all policies of automobile insurance issued or renewed with effective dates on or after October 1, 1994.

(D)     Insurers may place any automobile insurance risk at any of the four rate levels without restriction unless provided otherwise in this chapter. An insurer or agent shall provide written notice to the insurer of the tier at which coverage is being written for the insured and the reasons the insured was written in that particular tier. However, the Uniform Merit Rating Plan must continue to apply to all risks written by them.

(E)     An applicant and all operators of the insured automobile who have qualified for the safe driver discount for the last five years and who reside in the same household, and the automobile or the automobile it replaced has been insured for liability coverage for the past twelve months must be written at the preferred or standard rate and may not be ceded to the facility. A driver who is claimed as a dependent for income tax purposes is not required to meet the five year requirement as long as the dependent qualifies for the safe driver discount.

(F)     An applicant and all operators of the insured automobile who have qualified for the safe driver discount for the last ten years and who reside in the same household and the automobile or the automobile it replaced has been insured for liability coverage for the past twelve months must be written at the preferred rate and may not be ceded to the facility. A driver who is claimed as a dependent for income tax purposes is not required to meet the ten year requirement as long as the dependent qualifies for the safe driver discount.

(G)     All policies of automobile insurance issued or renewed with effective dates on or after October 1, 1994, that are written by automobile insurers designated pursuant to Section 38-77-590(A), for risks written by them through producers designated pursuant to that same section, and all policies ceded to the facility by automobile insurers must be written at the rates provided for in Section 38-77-1426. However, the Uniform Merit Rating Plan must apply to all such risks.

Applicants, or a current policyholder, seeking automobile insurance with an insurer must be written at the base rate, unless one of the conditions or factors in subitems (1) through (8) of item (A) is present.

(A) The named insured or any operator who is not excluded in accordance with Section 37-77-340 and who resides in the same household or customarily operates an automobile insured under the same policy, individually:

(1) has obtained a policy of automobile insurance or continuation thereof through material misrepresentation within the preceding thirty-six months; or

(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or

(3) has had two or more 'chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A 'chargeable' accident is defined as one resulting in bodily injury to any person in excess of three hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.

(a)     The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.

(b)     The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.

(c)     The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.

(d)     The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.

(e)     An automobile operated by the applicant or other operator is damaged as a result of contact with a 'hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.

(f)     Accidents involving damage by contact with animals or fowl.

(g)     Accidents involving physical damage, limited to an caused by flying gravel, missiles, or falling objects.

(h)     Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or

(4)     has had one 'chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation; or

(5)     has been convicted of or forfeited bail during the thirty-six months immediately preceding the effective date of coverage for operating a motor vehicle while in an intoxicated condition or while under the influence of drugs; or

(6)     has been convicted or forfeited bail during the thirty-six months immediately preceding the effective date for:

(a)     any felony involving the use of a motor vehicle,

(b)     criminal negligence resulting in death, homicide, or assault arising out of the operation of a motor vehicle,

(c)     leaving the scene of an accident without stopping to report,

(d)     theft or unlawful taking of a motor vehicle,

(e)     operating during a period of revocation or suspension of registration or license,

(f)         Knowingly permitting an unlicensed person to drive,

(g)     reckless driving,

(h)     the making of material false statements in the application for licenses or registration,

(i)         impersonating an applicant for license or registration or procuring a license or registration through impersonation, whether for himself or another,

(j)         filing of a false or fraudulent claim or knowingly aiding or abetting another in the presentation of such a claim,

(k)     failure to stop a motor vehicle when signaled by means or a siren or flashing light by a law enforcement vehicle; or

(7)     has for thirty or more consecutive days during the twelve months immediately preceding the effective date of coverage, owned or operated the automobile to be insured (or if newly acquired, the automobile it replaces) without liability coverage in violation of the laws of this State; or

(8)     has used the insured automobile as follows or if the insured automobile is:

(a)     used in carrying passengers for hire or compensation, except that the use of an automobile for a car pool must not be considered use of an automobile for hire or compensation,

(b)     used in the business of transportation of flammables or explosives,

(c)     used in illegal operation, or

(d)     no longer principally used and garaged within the State, but not to include students who are operating a motor vehicle registered in this State while attending an institution located in another state.

(B)     In the event that one or more of the conditions or factors prescribed in items (1) through (8) of subsection (A) exist, the motor vehicle customarily operated by that individual must be written at the objective standards rate.

(C) (H)     Member companies of an affiliated group of automobile insurers may not utilize different filed rates for automobile insurance coverages which they are mandated by law to write. For the purpose of this section, an affiliated group of automobile insurers includes a group of automobile insurers under common ownership, management, or control. Those automobile insurers designated pursuant to Section 38-77-590(a), for automobile insurance risks written by them through producers designated by the Facility governing board pursuant to that section, shall utilize the rates or premium charges by coverage filed and authorized for use by the rating organization licensed by the Commissioner pursuant to Article 11, Chapter 73 of this title, which has the largest number of members or subscribers for automobile insurance rates. However, those automobile insurers designated pursuant to Section 38-77-590(a) are not required to use those same rates or premium charges described in the preceding sentence for risks written by them through their authorized agents not appointed pursuant to Section 38-77-590.

(D) (I) An automobile insurance policy may be endorsed at any time during the policy period to reflect the correct rate or premium applicable by reason of the factors or conditions described in subsection (A) which existed prior to the commencement of the policy period in which the endorsement is made, regardless of whether the factors or conditions were known or disclosed to the insurer at the commencement of the policy period. However, no No policy may be endorsed during a policy period to reflect factors or conditions occurring during that policy period. A policy may be endorsed during a policy period to recognize the addition or deletion of an operator or vehicle.

(E)(J)     For purposes of determining the applicable rates to be charged an insured, an automobile insurer shall obtain and review an applicant's motor vehicle record.

(K)     In determining the premiums to be charged on automobile insurance, it is unlawful to consider race, religion, national origin, or economic status."

SECTION     5.     The 1976 Code is amended by adding:

"Section 38-77-175.     (A)     When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.

(B)     The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.

(C)     The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.

(D)     No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(E)     This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.

(F)     Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.

(G)     The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.

However, the form must have the following sentence on its face in bold type, all capitals, and large print: 'THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."

SECTION     6.     The 1976 Code is amended by adding:

"Section 56-7-12.     (A)     When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation.

(B)     The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.

(C)     The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.

(D)     No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.

(E)     This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.

(F)     Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.

(G)     The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.

However, the form must have the following sentence on its face in bold type, all capitals, and large print: 'THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."

SECTION     7.     Section 56-10-45 of the 1976 Code is amended to read:

"Section 56-10-45.     (A)     For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the department may must contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to confiscate these plates, upon a contract or working arrangement being agreed to. The local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the executive director from funds of the department which are to be used for this purpose.

(B)     The department shall collect the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. The local city, county, or municipal governing body of the local law enforcement agency collecting the registration plate must be paid by the department fifty percent of the reinstatement fee and fifty percent of the per diem fine collected for each registration plate confiscated by the local agency.

(C)     The Executive Director of the Department of Highways and Public Transportation or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."

SECTION     8.     The 1976 Code is amended by adding:

"Section 56-10-35.     The department shall, on a daily basis, select a computerized random sample of five hundred of the registered vehicles in this State and mail to the owners a written request form to be completed by them and their insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation. The completed and verified form must be returned by the owner to the department within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured. Motor vehicles determined to be uninsured under this section are subject to Section 56-10-240 and 56-10-245."

SECTION     9.     No later than October 1, 1994, all insurers shall submit rate filings that must reflect the rate decreases, if any, attributable to Section 6 of this act.

SECTION     10.     Except as otherwise specifically provided herein, this act takes effect October 1, 1993./

Amend title to conform.

Rep. J. BAILEY explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. J. BAILEY having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. KELLEY moved that the House recur to the morning hour, which was agreed to.

SPECIAL PRESENTATION
"LEGISLATIVE FAMILY DAY, 1993"

By Concurrent Resolution H. 3287, the first Thursday in May (May 6, 1993) is designated as "Legislative Family Day, 1993" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Reps. INABINETT, WELLS and HASKINS spoke in reference to "Legislative Family Day, 1993."

Rep. SHEHEEN presented families of members of the House who were present as special guests of the General Assembly.

REPORTS OF STANDING COMMITTEES

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4169 -- Reps. McLeod, Harrelson, Baker, Harrison, Hutson, Riser, Witherspoon, Wilkins, J. Bailey, Byrd, Cromer, Neilson, Thomas, Graham, Inabinett, Moody-Lawrence, Wells, Allison, Wright, Klauber, T.C. Alexander, Harrell, G. Bailey, P. Harris, Kinon, Lanford, Walker, Waites, Meacham, Stille, Houck, Carnell, Chamblee, Robinson, Gonzales, Hines, G. Brown, Felder, Meacham, Kennedy, Harwell, Simrill, R. Smith, Harvin, Tucker, Kelley, Stone, Cooper, McMahand, Sturkie, Townsend, Holt, Stuart, Neal, Vaughn, Shissias, Haskins, D. Smith, Richardson, and Rhoad: A CONCURRENT RESOLUTION TO DIRECT THE BUDGET AND CONTROL BOARD, DIVISION OF HUMAN RESOURCE MANAGEMENT, TO UNDERTAKE A STUDY OF THE EMPLOYEES OF THE MOTOR VEHICLE DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND REPORT ITS RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 18, 1994.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4173 -- Reps. Rudnick, Harrelson, Mattos, Holt, Sharpe, Kirsh, McMahand, Thomas, Riser, McAbee, Tucker, Witherspoon, Farr, Moody-Lawrence, Houck, Snow, J. Harris, Rhoad, J. Wilder, Cooper, Cato, Harrison, Haskins, Stille, Anderson, D. Wilder, Wells, Allison, Kinon, G. Brown, Barber, Vaughn, Askins, Byrd, Keyserling, McElveen, Kelley, G. Bailey, Wright, Harwell, Hines, Hutson, R. Smith and Scott: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MACKENZIE "MACK" MILLER OF AIKEN, OUTSTANDING TRAINER OF SEA HERO, THE AIKEN-TRAINED WINNER OF THE 1993 KENTUCKY DERBY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4174 -- Rep. Davenport: A HOUSE RESOLUTION TO CONGRATULATE JASON SNYDER, A FOURTH GRADER AT INMAN ELEMENTARY SCHOOL, UPON RECEIVING THE SOARING EAGLE AWARD FOR THE THIRD NINE WEEKS AT THE SCHOOL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4175 -- Rep. Davenport: A HOUSE RESOLUTION TO CONGRATULATE JENNIFER JORDAN, A SIXTH GRADER AT INMAN ELEMENTARY SCHOOL, UPON RECEIVING THE PRINCIPAL'S AWARD AT THE SCHOOL.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4176 -- Reps. Jaskwhich, Baker, Haskins, Wilkins, Clyborne, McMahand, Anderson, Mattos, Fair and Cato: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RAISE THE SPEED LIMIT OF A SECTION OF INTERSTATE I-385 BETWEEN I-85 AND HIGHWAY 14 IN GREENVILLE COUNTY AND TO BE THE SOLE ENFORCER OF THE SPEED LIMIT.

Referred to Committee on Education and Public Works.

H. 4177 -- Reps. Martin and Worley: A BILL TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4178 -- Reps. Askins, Cobb-Hunter, Hines, Rhoad, Harrelson, Stuart, Spearman, Witherspoon, Govan, Shissias, Wright, Gamble, Riser, Wells, Waites and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-19-15 SO AS TO PROVIDE THAT IN THOSE AREAS OF THE COUNTY WHERE FIRE PROTECTION SERVICE IS OFFERED ON AN INDIVIDUAL CONTRACTUAL BASIS, THE COUNTY GOVERNING BODY MAY EXTEND FIRE PROTECTION TO THOSE LANDOWNERS WITHIN THE SERVICE AREA WHO ARE NOT SERVED BY A CONTRACT WITH ANOTHER POLITICAL SUBDIVISION.

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 37 to 0.

On motion of Rep. COBB-HUNTER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3421--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration Amendment No. 1, Rep. J. BAILEY having the floor.

H. 3421 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-355 SO AS TO PROVIDE THAT IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR VEHICLE, THE COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND TO COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE THAT NOTWITHSTANDING CERTAIN SECTIONS, AFTER A CERTAIN DATE AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO THE DEFINITION OF "DAMAGES" UNDER THE AUTOMOBILE INSURANCE LAWS, SO AS TO PROVIDE THAT THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AN INSURER SHALL ALSO OFFER THE INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY FOR PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE, THE UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS SHALL OFFER, AT THE OPTION OF THE INSURED, HIGHER LIMITS OF UNINSURED MOTORIST COVERAGE IN ACCORDANCE WITH SECTION 38-77-350; TO AMEND SECTION 38-77-160, AS AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE, AND UNDERINSURED MOTORIST COVERAGE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT AUTOMOBILE INSURERS SHALL OFFER ON A FORM PRESCRIBED BY THE CHIEF INSURANCE COMMISSIONER, AT THE OPTION OF THE INSURED IN ACCORDANCE WITH SECTION 38-77-350 UNDERINSURED MOTORIST COVERAGE UP TO THE LIMITS SELECTED FOR THE INSURED'S LIABILITY COVERAGE TO PROVIDE COVERAGE IN THE EVENT THE INSURED BECOMES LEGALLY ENTITLED TO COLLECT DAMAGES FROM THE OWNER OR OPERATOR OF AN UNDERINSURED MOTOR VEHICLE; TO AMEND SECTION 56-9-350, RELATING TO SECURITY FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM TO BE ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND UNINVESTIGATED ACCIDENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT WITHIN FIFTEEN DAYS AFTER AN ACCIDENT A WRITTEN REPORT OF THE ACCIDENT MUST BE FORWARDED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON A FORM PRESCRIBED BY THE DEPARTMENT; TO AMEND SECTION 56-10-10, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY AND THE SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT SECURITY MUST BE MAINTAINED ON EVERY MOTOR VEHICLE REQUIRED TO BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT EXCLUDED IN ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE INSUREDS UNDER THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; TO AMEND SECTION 56-10-220, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED MUST BE INSURED AND PROOF OF THE SAME, SO AS TO DESCRIBE THE PERSON APPLYING FOR REGISTRATION AS ONE "REQUIRED TO PROVIDE SECURITY ON A MOTOR VEHICLE AS PROVIDED IN SECTION 56-10-10"; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT UPON THE LOSS OF AUTOMOBILE INSURANCE THE INSURED MUST OBTAIN NEW INSURANCE OR SURRENDER THE REGISTRATION AND LICENSE PLATES, SO AS TO FURTHER DESCRIBE THE MOTOR VEHICLE WHICH IS THE SUBJECT OF THIS SECTION AS ONE "FOR WHICH SECURITY IS REQUIRED AS PROVIDED IN SECTION 56-10-10", DELETE CERTAIN LANGUAGE, AND DESCRIBE THE RESIDENT FOR WHOM LAPSE OR TERMINATION OCCURS AFTER THREE MONTHS AS ONE "WHO DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IN SECTION 38-73-760"; TO AMEND CHAPTER 10, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS ARE REQUIRED TO INSURE AND EXCEPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO INSURER IS REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED, NATIONAL ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND PROVIDE THAT AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING INSURER THE REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT INSURER, AT THE TIME OF THE DENIAL; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 77 OF TITLE 38, SO AS TO ESTABLISH THE SOUTH CAROLINA JOINT UNDERWRITING ASSOCIATION (JUA), INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ABOLITION OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN AUTOMOBILE INSURER SHALL OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE INSURANCE, AND PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, INSURERS OF AUTOMOBILE INSURANCE MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER REVISED RATES FOR ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION FOR INSURANCE PURPOSES AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE FIRST CONVICTION OF SPEEDING LESS THAN TWENTY-FIVE MILES PER HOUR IF THE PERSON CONVICTED HAS MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CONVICTIONS OF CERTAIN VIOLATIONS OCCURRING ON OR AFTER A CERTAIN DATE; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS, CHANGE THE PENALTIES, INCLUDING PROVIDING FOR THE PERFORMANCE OF PUBLIC SERVICE HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT, UPON ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE INSURANCE COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING OFFENSES AND THE RELATED FINE AND PUNISHMENT, AS WELL AS THE POSSIBLE INCREASE IN THE INSURANCE RATES, THE EFFECT OF ANY SURCHARGES, OR THE EFFECT OF THE LOSS OF THE SAFE DRIVER DISCOUNT, AND PROVIDE THAT THE LIST MUST BE ON A FORM APPROVED BY THE CHIEF INSURANCE COMMISSIONER AND MUST ACCOMPANY THE POLICY; TO PROVIDE THAT, AFTER A CERTAIN DATE, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL CONTRACT WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED CARRIER AND SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, PROVIDE THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE JUA SHALL BE SET BY THE JUA'S BOARD OF DIRECTORS, AND PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO PROVIDE THAT, WHEN THE OPERATOR OR OWNER OF A MOTOR VEHICLE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, HE MUST BE FURNISHED A WRITTEN REQUEST FORM TO COMPLETE TO VERIFY LIABILITY INSURANCE COVERAGE, PROVIDE FOR THE RETURN OF THE COMPLETED AND VERIFIED FORM TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PROVIDE FOR THE DEPOSIT OF SUCH COLLECTED FINES, AND PROVIDE FOR RELATED MATTERS; TO REPEAL ARTICLE 5, CHAPTER 77, TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY AND DESIGNATED PRODUCERS, SECTION 38-73-1420, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY SHALL FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SECTION 38-73-1425, RELATING TO THE PROVISION THAT THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY WHICH DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT IS THE FINAL RATE OR PREMIUM CHARGE REQUIRED BY SECTION 38-73-1420 OR THE FINAL RATE OR PREMIUM CHARGE APPROVED FOR USE BY THE INSURER, WHICHEVER IS GREATER, SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE COVERAGES MUST BE IN ONE POLICY AND EXCEPTIONS, SECTION 38-77-920, RELATING TO THE PROVISION THAT AUTOMOBILE INSURERS AND AGENTS MAY NOT REFUSE ACCEPTANCE OF INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO CERTAIN AREAS, SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION 38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO AN AUTOMOBILE INSURANCE POLICYHOLDER THAT HIS POLICY IS IN THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN AUTOMOBILE INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY AND THOSE COVERAGES WHICH CANNOT BE CEDED, SO AS TO DELETE THE REFERENCE TO THE FACILITY, REPLACE IT WITH THE "JOINT UNDERWRITING ASSOCIATION", AND ALLOW A CESSION EXCEPTION, WITH RESPECT TO COVERAGES UNDER A POLICY THAT AN AUTOMOBILE INSURER IS NOT MANDATED BY LAW TO WRITE, FOR TORT LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT; AND TO PROVIDE A SEVERABILITY CLAUSE.

Debate was resumed on Amendment No. 1 by the Committee on Labor, Commerce and Industry.

Rep. J. BAILEY continued speaking and moved to adjourn debate upon the Bill until Tuesday, May 11, which was adopted.

H. 3594--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3594 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-105 SO AS TO PROVIDE FOR A REFUND OF A PORTION OF A BIENNIAL LICENSE OR PERMIT WHEN A LICENSEE OR PERMITTEE DIES OR CLOSES THE BUSINESS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7165BD.93), which was adopted.

Amend the bill, as and if amended, Section 61-1-105, SECTION 1, line 24, after /business/ by inserting /for loss of the business lease or due to fire or other natural disaster/ so that when amended the section reads:

/Section 61-1-105.     If a biennial licensee or permittee under this title closes the licensed or permitted business for loss of the business lease or due to fire or other natural disaster or dies within the first year of the biennial license or permit year, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit year./

Amend title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

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

H. 3594--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. T.C. ALEXANDER, with unanimous consent, it was ordered that H. 3594 be read the third time tomorrow.

H. 3601--DEBATE ADJOURNED

The following Bill was taken up.

H. 3601 -- Reps. Spearman, White and McAbee: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS INCOME TAX CREDIT, SO AS TO PROVIDE THAT COUNTIES WITH A POPULATION LESS THAN TWENTY THOUSAND ACCORDING TO THE 1990 UNITED STATES CENSUS ARE CONSIDERED LESS DEVELOPED COUNTIES FOR PURPOSES OF THE CREDIT AMOUNT ALLOWED.

Rep. D. SMITH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5898HC.93), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     In the case of a group of corporations that filed a consolidated South Carolina corporate income tax return in 1990, if that group had aggregate expenditures in 1990 in excess of fifteen million dollars for qualifying real property costs under Section 12-7-1245 of the 1976 Code for facilities and property to be used substantially in connection with the supervision or management of restaurant and food service businesses and activities related thereto, the determination after 1989 of the eligibility under Section 12-7-1245 of the 1976 Code for credits against any tax due pursuant to Section 12-19-70 of the 1976 Code must be made on a consolidated basis by aggregating the corporate headquarters functions, the expenditures and the employment creations and classifications of the members of the group, and any resulting credits may be utilized against the tax liability under Section 12-19-70 of the 1976 Code of any member of the group./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the Bill dealt with corporation headquarters and had to do with job tax credits.

Rep. D. SMITH argued contra the Point.

The SPEAKER stated that the amendment dealt with the Code Section that dealt with the corporate income tax credit for corporate headquarters and he sustained the Point of Order and ruled the amendment out of order.

Rep. TUCKER moved to adjourn debate upon the Bill until Tuesday, May 11, which was adopted.

S. 539--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 539 -- Senator Drummond: A BILL TO AMEND SECTIONS 9-1-1560 AND 9-11-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICER'S RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS RETIRING FROM THOSE SYSTEMS AFTER OCTOBER 15, 1992, AT ANY AGE AS A RESULT OF DISABILITY MUST RECEIVE A BENEFIT EQUAL TO AT LEAST FIFTEEN PERCENT OF AVERAGE FINAL COMPENSATION.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5902HC.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     A.     Section 9-1-1850(A) of the 1976 Code, as last amended by Act 632 of 1988, is further amended to read:

"(A)     For any retirement system provided for by law in this State the member of the retirement system, if he has at least twenty-five years of creditable service, may elect to receive up to five years of additional service credit as though the additional service credit were rendered by him as an employee or member upon his paying into his retirement system the actuarial cost as determined by regulation promulgated by the governing or administering board of his retirement system, provided the actuarial cost must be determined on the basis of current salary or the highest fiscal year salary in the work career, whichever is greater. The member also shall pay the employer and employee cost for health and dental insurance for a time period equal to the period of service credit purchased, or until the date the member attains age sixty, at which time the member becomes eligible for employer-paid health and dental insurance. Any service credit purchased under this section qualifies the member for retirement and the member must retire within ninety days subsequent to the purchase."

B.     (A)     This section takes effect upon approval by the Governor and applies with respect to payments made after December 31, 1992.

(B)     Employer share payments made by employees after December 31, 1992, must be refunded upon application to the Division of Insurance Services of the State Budget and Control Board./

Renumber sections to conform.

Amend title to conform.

Rep. P. HARRIS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5923HC.93), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     The fourth paragraph of Section 9-1-1140 of the 1976 Code is amended to read:

"A member who leaves employment to attend undergraduate or graduate school and returns directly to employment may establish up to two years' retirement credit by paying the full actuarial cost as determined by the board. However, the member contribution must not be less than ten percent of current salary or the average of the three highest consecutive fiscal years, whichever is greater, for each year prorated for periods of less than a year."/

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

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

H. 3828--DEBATE ADJOURNED

Rep. CLYBORNE moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3828 -- Reps. Wilkins, Felder, Clyborne, Kirsh, McKay, Snow, J. Bailey, Holt, Hallman, Gonzales, Cato, Fulmer, Harrell, Wells, Thomas, A. Young, Baker, Walker, Jaskwhich, Vaughn, Haskins, Inabinett, Hutson, R. Young, Law, Breeland, Allison, Wright, Riser, Barber, Williams, Quinn, Marchbanks and Harrison: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.

SPEAKER IN CHAIR
ORDERED TO THIRD READING

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

H. 4136 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1497, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PHILLIPS explained the Joint Resolution.

H. 4137 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORTING TERMINATION OF SCHOOL DISTRICT PERSONNEL TO STATE DEPARTMENT OF EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1554, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. JASKWHICH explained the Joint Resolution.

H. 4138 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RECORDS RETENTION SCHEDULE FOR MUNICIPAL RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1606, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4136--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4136 be read the third time tomorrow.

H. 4138--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4138 be read the third time tomorrow.

S. 595--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 595 -- Senators Drummond, Russell, J. Verne Smith and Passailaigue: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH FEES IN LIEU OF TAXES ARE AUTHORIZED, INCLUDING A REQUIREMENT THAT THE MINIMUM EIGHTY-FIVE MILLION DOLLAR INVESTMENT THRESHOLD FOR THE FEE ARRANGEMENT MAY NOT BE REDUCED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, DEFINED AS AN AFFIRMATIVE VOTE OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE PRESENT AND VOTING BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE, AND THE TRANSFERABILITY OF AN INTEREST IN A FEE IN LIEU OF TAXES AGREEMENT.

Reps. WELLS and ALLISON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5874HC.93), which was adopted.

Amend the bill, as and if amended, in Section 4-29-67(N), as contained in SECTION 1, page 15, line 24, by adding /Provided, however, that the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E)./

Amend further, by adding two appropriately numbered SECTIONS to read:

/SECTION ___.     Section 4-29-68 of the 1976 Code, as added by Act 361 of 1992, is amended to read:

"Section 4-29-68.     (A) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60 or Section 4-29-67 may issue special source revenue bonds secured by and payable from all or a part of such revenues, subject to the following terms and conditions:

(1) The issuance of bonds is authorized by a duly adopted ordinance of the governing body of the issuer or, if the issuer is a special purpose district, an ordinance of the county council or councils in the county or counties in which the special purpose district is located, and a resolution of the governing body of the issuer, after a public hearing is held at least fifteen days after notice of the hearing is published in a newspaper of general circulation in the county or municipality or special purpose district.

(2) The bonds are issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the issuer in order to enhance the economic development of the issuer and costs of issuance of the bonds. For purposes of this section, infrastructure includes improved and unimproved real property. Bonds issued pursuant to this section to finance the acquisition of real or personal property may be additionally secured by a mortgage of that real or personal property.

(3) The bonds may include amounts for capitalized interest for a period not to extend beyond the later of (a) the date that is three years from the date of issuance of the bonds and (b) the first date on which any ad valorem taxes (including, but not limited to, county or school district taxes) would have been payable on the property (other than unimproved real property) which is the subject of the payment in lieu of taxes.

(4) The issuer may use proceeds of the bonds (including by establishment of a reserve fund to be used) (a) directly for infrastructure owned or controlled by the issuer or (b) to make loans or grants to, or to participate in joint undertakings with, other agencies or political subdivisions of the State that own or control the infrastructure referred to in item (2) of this subsection.

(5) The bonds are, and must state on their face that they are, (a) payable solely from all or a specifically described part of the payments in lieu of taxes received and retained by the issuer under Section 4-29-60, Section 4-29-67, or Section 13 of Article VIII of the Constitution of this State, (b) not secured by, or in any way entitled to, a pledge of the full faith, credit, or taxing power of the issuer, (c) not an indebtedness of the issuer within the meaning of any state constitutional provision or statutory limitation but are payable solely from a special source that does not include revenues from any tax or license, and (d) not a pecuniary liability of the issuer or a charge against the issuer's general credit or taxing power.

(6) The ordinance authorizing the issuance of the bonds shall specifically describe the portion of the payments in lieu of taxes received and retained by the issuer from which the bonds are payable and by which the bonds are secured.

(7) The bonds may be executed and delivered at any time as a single issue or from time to time as several issues, be in the form and denominations, be of the tenor, be payable in the installments and at the time or times not to exceed the time over which payments in lieu of taxes are scheduled to be received, be subject to the terms of redemption, be payable at the place or places, bear interest at the rate or rates which is payable at the place or places, and contain provisions not inconsistent with this section, all of which must be provided in the ordinance authorizing the bonds.

(8) The bonds may be sold at public or private sale at the prices and in the manner and from time to time as may be determined by the governing board to be most advantageous, and the governing board may pay, as a part of the costs described in item (2) of this subsection, and out of the bond proceeds, all expenses, premiums, commissions, and expenses which the governing board considers necessary or advantageous in connection with the authorization, sale, and issuance of the bonds.

(9) The ordinance may provide for the issuance, in the future, of further bonds on a parity with those initially issued, but the proceedings may preclude the issuance of bonds or any applications obligations of any sort secured by a lien prior to the lien of the bond or bonds afterward issued on a parity with the bonds.

(10) Pending the issuance of bonds, bond anticipation notes may be issued, and to the end that a vehicle be provided therefor, the provisions of Section 11-17-10 to Section 11-17-110, as now or hereafter amended, are applicable to the bond anticipatory borrowing.

(11) The ordinance authorizing the issuance of the bonds may contain agreements and provisions customarily contained in the instruments securing revenue or special source bonds as the governing board considers advisable, but the issuer does not have the power to obligate itself to impose or maintain any particular level of tax rates.

(B) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60 or Section 4-29-67 may pledge the revenues as additional security for general obligation debt or revenue debt of the issuer if the general obligation debt or revenue debt is issued in accordance with items (1) and (2) of this subsection.

(C) A county or municipality or special purpose district that receives and retains revenues from a payment in lieu of taxes pursuant to Section 4-29-60 or Section 4-29-67 may pledge the revenues as additional security for general obligation debt or revenue debt of other agencies or political subdivisions of the State referred to in item (4)(b) of this subsection if the pledge is authorized by a duly-adopted ordinance of the governing body of the county or municipality or special purpose district after a public hearing is held at least fifteen days after notice of the hearing is published in a newspaper of general circulation in the county or municipality or special purpose district and if the general obligation debt or revenue debt to which the revenues received from a payment in lieu of taxes are pledged is issued solely for the purpose of paying the cost of designing, acquiring, constructing, improving, or expanding the infrastructure serving the county or municipality or special purpose district in order to enhance the economic development of the county or municipality or special purpose district and costs of issuance of the bonds.

(D) Revenues received by a county or municipality or special purpose district which may be pledged or from which bonds may be payable and secured pursuant to this Section 4-29-68 or Section 4-1-175 may be used jointly to pay or secure a single series of bonds.

(E) A political subdivision of this State subject to the limitation of either Section 14(7)(a) or Section 15(6) of Article X of the Constitution of this State pledging pursuant to this section all or a portion of the revenues received and retained by that subdivision from a payment in lieu of taxes to the repayment of any bonds shall not include in the assessed value of taxable property located in the political subdivision for the purposes of calculating the limit imposed by those sections that section of the Constitution any amount representing the value of the property that is the basis of the pledged portion of revenues. If the political subdivision, before pledging revenues pursuant to this section, has included an amount representing the value of a parcel or item of property that is the subject of a payment in lieu of taxes in the assessed value of taxable property located in the political subdivision and has issued general obligation debt within the debt limit calculated on the basis of such assessed value, then it may not pledge pursuant to this section revenues based on the item or parcel of property, to the extent that the amount representing its value is necessary to permit the outstanding general obligation debt within the debt limit of the political subdivision."

SECTION ___.     The last paragraph of Section 4-1-170 of the 1976 Code, as amended by Act 361 of 1992, is further amended to read:

"For the purpose of bonded indebtedness limitation and for the purpose of computing the index of taxpaying ability pursuant to Section 59-20-20(3), allocation of the assessed value of property within the park to the participating counties and to each of the taxing entities within the participating counties must be identical to the allocation of revenue received and retained by each of the counties and by each of the taxing entities within the participating counties. Provided, however, that the computation of bonded indebtedness limitation is subject to the requirements of Section 4-29-68(E)."/

Renumber to conform.

Amend title to conform.

Rep. WELLS explained the amendment.

The amendment was then adopted.

Rep. D. SMITH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5898HC.93), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___.     In the case of a group of corporations that filed a consolidated South Carolina corporate income tax return in 1990, if that group had aggregate expenditures in 1990 in excess of fifteen million dollars for qualifying real property costs under Section 12-7-1245 of the 1976 Code for facilities and property to be used substantially in connection with the supervision or management of restaurant and food service businesses and activities related thereto, the determination after 1989 of the eligibility under Section 12-7-1245 of the 1976 Code for credits against any tax due pursuant to Section 12-19-70 of the 1976 Code must be made on a consolidated basis by aggregating the corporate headquarters functions, the expenditures and the employment creations and classifications of the members of the group, and any resulting credits may be utilized against the tax liability under Section 12-19-70 of the 1976 Code of any member of the group./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane as the amendment dealt with income tax credit for headquarters of corporations and the Bill dealt with property tax for fees in lieu of taxes.

Rep. HASKINS stated that under the previous ruling dealing with this that if it was not germane under the job income tax credit Bill, then it would have to be germane to this Bill.

The SPEAKER stated that the basis of the previous ruling was that it dealt with job tax credits on new jobs created in counties and that this dealt with corporate income tax credits unrelated to new jobs created in counties. He further stated that the Bill dealt with relief from property taxes by corporations and property taxes were paid to counties and not to the State.

Rep. HASKINS stated that if the amendment dealt with corporate job income tax credits, then it would be germane.

The SPEAKER stated that it was not germane to the Bill and he sustained the Point of Order and ruled the amendment out of order.

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

H. 3530--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3530 -- Reps. Barber, Hallman, R. Young, Holt, Whipper, J. Bailey and Breeland: A BILL TO AMEND SECTION 56-5-3860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, BICYCLES, AND CERTAIN OTHER VEHICLES PROHIBITED ON CONTROLLED-ACCESS HIGHWAYS, SO AS TO PROVIDE FOR A WAIVER BY A COUNTY COUNCIL.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4593AL.93), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     The 1976 Code is amended by adding:

"Section 56-5-615.     A 'freeway' is a multilane divided highway with full control of access, and grade separated interchanges, of the type comprising the National System of Interstate and Defense Highways, or other highways built essentially in conformance to the standards of them."

SECTION     2.     Section 56-5-3170 of the 1976 Code is amended to read:

"Section 56-5-3170.     (1) (A) No person as a pedestrian, unless otherwise directed by a law-enforcement officer, shall, as a pedestrian, occupy any space within the limits of the roadway and shoulder of the main facility of a controlled-access highway freeway, except in the performance of to perform public works or official duties, as a result of an emergency caused by an accident or breakdown of a motor vehicle, or to obtain assistance.

The prohibitions imposed by this subsection on the use of controlled-access highways shall freeways do not apply to service roads alongside such the highways.

(2)(B) Any A person violating who violates the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days."

SECTION     3.     Section 56-5-3860 of the 1976 Code is amended to read:

"Section 56-5-3860.     (1) (A)     No person, unless otherwise directed by a law-enforcement officer, shall occupy any space within the limits of the roadway and shoulders of the main facility of a controlled-access highway freeway with an animal-drawn vehicle, a ridden or led animal, herded animals, a pushcart, a bicycle, a bicycle with motor attached, a motor-driven cycle with a motor which produces not to exceed five brake horsepower, an agricultural tractor or other farm machinery, except in the performance of public works or official duties.

The prohibitions imposed by this subsection on the use of controlled-access highways shall freeways do not apply to service roads alongside such the highways.

(2)     (B)     Any A person who violating violates the provisions of this section shall be is deemed guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or be imprisoned for not more than thirty days."

SECTION     4.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

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

H. 4012--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4012 -- Rep. Farr: A JOINT RESOLUTION TO PROVIDE THAT INDIVIDUALS RESIDING IN CERTAIN RESIDENTIAL CARE FACILITIES MAY QUALIFY FOR A SUPPLEMENT UNDER THE DEPARTMENT OF SOCIAL SERVICES GENERAL ASSISTANCE PROGRAM IF THEY OTHERWISE QUALIFY EXCEPT FOR INCOME REQUIREMENTS OR THE TYPE OF FACILITY IN WHICH THEY RESIDE.

Rep. FARR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\17179AC.93), which was adopted.

Amend the resolution, as and if amended, by deleting on page 1 beginning on line 32 /would qualify except for income limitations or any limitation on the type of facility an individual may reside in/ and inserting /must qualify except for income limitations or the fact that the facility in which the person resides is funded by a county or municipal government entity/.

Amend title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

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

H. 4012--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FARR, with unanimous consent, it was ordered that H. 4012 be read the third time tomorrow.

S. 472--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Friday, May 28, which was adopted.

S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.

H. 4088--TABLED

The following Bill was taken up.

H. 4088 -- Reps. Marchbanks, Trotter, Graham, Robinson and T.C. Alexander: A BILL TO AMEND SECTION 59-119-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF CLEMSON UNIVERSITY AS A MUNICIPAL CORPORATION, SO AS TO REVISE ITS BOUNDARIES.

Rep. MARCHBANKS moved to table the Bill, which was agreed to.

H. 3126--DEBATE ADJOURNED

Rep. KEEGAN moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted.

H. 3126 -- Rep. Keegan: A BILL TO AMEND SECTION 56-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER "SOLD" CARDS ON VEHICLES, SO AS TO REQUIRE DEALERS TO AFFIX A CARD ON A SOLD VEHICLE AND TO REQUIRE CERTAIN IDENTIFYING INFORMATION ON THE CARD.

H. 3729--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3729 -- Reps. Baxley, Quinn, Harrison, Hines, Barber, Inabinett, Snow, Thomas, R. Smith, Canty, Shissias, Stille, Gonzales, Walker, Littlejohn, D. Wilder and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL COMMEMORATIVE LICENSE PLATE TO PROMOTE THE MANAGEMENT AND PROTECTION OF NONGAME AND ENDANGERED SPECIES.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7176BD.93), which was adopted.

Amend the bill, as and if amended, by striking Section 56-34-4510, page 1, beginning on line 26, and inserting:

/Section 56-3-4510.     The department shall issue a special commemorative motor vehicle license plate for the purposes of the 'Nongame Wildlife and Natural Areas Fund' provided in Section 12-7-2415. The annual fee for the commemorative license plate is twenty-seven dollars each year and of this amount twelve dollars of this fee must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words 'Protect South Carolina's Endangered Species'. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued./

Amend title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

Rep. KEEGAN moved that the House recur to the morning hour, which was agreed to.

REGULATION RECEIVED

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

Document No. 1652
Promulgated By Ethics Commission
Ethics, Government Accountability, and Campaign Reform Act of 1991
Received By Speaker May 6, 1993
Referred to House Committee on Judiciary
120 Day Review Expiration Date April 12, 1994

INTRODUCTION OF BILLS

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

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 401 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

S. 320--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

S. 320 -- Senators Giese, Passailaigue, Glover, Lander and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1920 SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON.

H. 3164--DEBATE ADJOURNED

Rep. GOVAN moved to adjourn debate upon the following Bill until Wednesday, May 12, which was adopted.

H. 3164 -- Reps. Govan, Cobb-Hunter, Hutson, Breeland, Wofford, White, Wilkins, Simrill, Kennedy, Hines, Law, Chamblee, Waldrop, Kirsh, McMahand, A. Young, Farr and Meacham: A BILL TO AMEND SECTION 16-23-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PUNISHMENT FOR POSSESSING A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

H. 3759--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.

S. 31--DEBATE ADJOURNED

The following Bill was taken up.

S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.

Rep. KEEGAN moved to adjourn debate upon the Bill.

Rep. HODGES moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until Tuesday, May 11, which was agreed to.

H. 4129--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Joint Resolution until Tuesday, May 11, which was adopted.

H. 4129 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence, Simrill and Hodges: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.

S. 418--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

H. 3345--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 18, which was adopted.

H. 3345 -- Reps. Jennings, Martin and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF TWENTY-ONE WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FOUR ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-286 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT A PERSON ARRESTED FOR CERTAIN VIOLATIONS OF LAW REGARDING THE CONSUMPTION OF ALCOHOL WHILE DRIVING A MOTOR VEHICLE MUST HAVE HIS CONDUCT VIDEOTAPED AT THE LOCATION HE IS TAKEN FOR PURPOSES OF ADMINISTERING A CHEMICAL TEST OF HIS BREATH, TO PROVIDE THE PROCEDURES WHICH MUST BE FOLLOWED FOR THIS VIDEOTAPING AND FOR THE FEE TO BE ASSESSED IN THESE CASES.

H. 3382--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3382 -- Reps. Haskins, Davenport, Wilkins, Robinson, Allison, Littlejohn, Cato, Richardson, Kirsh, Fair, Keyserling, Stuart, Thomas, Walker, Graham and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 15 TO TITLE 37 SO AS TO ENACT THE PRIZES AND GIFTS ACT REQUIRING DISCLOSURE OF INFORMATION PERTAINING TO CONTESTS AND PROMOTIONS INCLUDING WHO IS CONDUCTING THE ACTIVITY, CONDITIONS A CONSUMER MUST MEET TO BE ELIGIBLE, AND COSTS THAT MUST BE INCURRED TO RECEIVE THE PRIZE OR GIFT; PROHIBITING USE OF NOTIFICATIONS THAT RESEMBLE CHECKS OR INVOICES; AND PROVIDING A CIVIL CAUSE OF ACTION, ENFORCEMENT PROVISIONS, AND EXEMPTIONS.

H. 3664--DEBATE ADJOURNED

Rep. BAKER moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3664 -- Reps. Quinn, Wilkes, R. Young, T.C. Alexander, Wright and Haskins: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.

H. 3835--DEBATE ADJOURNED

Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

H. 3634--DEBATE ADJOURNED

Rep. WHITE moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3634 -- Reps. D. Smith and Tucker: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE THE PRIMARY MUST BE HELD ON THE SEVENTH INSTEAD OF THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THE RUNOFF PRIMARY BE HELD ON THE NINTH INSTEAD OF THE THIRTEENTH TUESDAY AFTER THE VACANCY OCCURS; PROVIDE THAT THE FILING PERIOD OPENS ONE WEEK AFTER THE VACANCY OCCURS INSTEAD OF ON THE THIRD FRIDAY AFTER THE VACANCY OCCURS, AND TO CHANGE THE TIME FOR CONDUCTING THE SPECIAL ELECTION FROM THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS TO THE FOURTEENTH TUESDAY AFTER THE VACANCY OCCURS.

H. 3887--DEBATE ADJOURNED

Rep. HARVIN moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3887 -- Rep. Harrelson: A BILL TO AMEND SECTION 7-11-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHERE A NOMINEE IS SELECTED BY PRIMARY ELECTION, SO AS TO CHANGE THE PROCEDURE FOR NOMINATING CANDIDATES WHEN IT IS IMPOSSIBLE TO NOMINATE A CANDIDATE BY SPECIAL ELECTION AND CERTIFIED TWO WEEKS OR MORE BEFORE THE GENERAL ELECTION.

S. 579--DEBATE ADJOURNED

Rep. COBB-HUNTER moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

S. 580--DEBATE ADJOURNED

Rep. BAKER moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

H. 3857--DEBATE ADJOURNED

Rep. HARVIN moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

H. 3620--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3620 -- Rep. Waldrop: A BILL TO AMEND SECTION 17-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF CORONERS OR SOLICITORS TO ORDER AUTOPSIES UPON DEATH OF INCARCERATED PERSONS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THESE AUTOPSIES MUST BE ORDERED.

ORDERED TO THIRD READING

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

S. 199 -- Senators Hayes, Martin and Waldrep: A BILL TO AMEND SECTION 5-23-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A LOCAL BOARD OF ADJUSTMENT, SO AS TO PROVIDE THAT A MUNICIPALITY BY ORDINANCE MAY PERMIT OR PRECLUDE A VARIANCE FOR A USE OF A LAND, BUILDING, OR STRUCTURE.

S. 257 -- Senator Drummond: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES TO WHICH THE REQUIREMENTS OF NURSING DO NOT APPLY, SO AS TO INCLUDE OUT-OF-STATE NURSES ENROLLED IN AN APPROVED COURSE OR EXPERIMENTAL PROJECT; TO AMEND SECTION 40-33-230, RELATING TO STATE BOARD OF NURSING COMPENSATION, SO AS TO CONFORM COMPENSATION PROVISIONS TO OTHER STATE BOARDS; TO AMEND SECTION 40-33-260, AS AMENDED, RELATING TO A BOARD QUORUM, SO AS TO REVISE IT TO CONFORM TO THE INCREASED BOARD SIZE; TO AMEND SECTION 40-33-910, AS AMENDED, RELATING TO EXAMINATIONS, SO AS TO PROVIDE THAT AN APPLICANT MUST PASS AN EXAMINATION PRESCRIBED RATHER THAN ADMINISTERED BY THE BOARD; AND TO REAUTHORIZE THE STATE BOARD OF NURSING FOR SIX YEARS.

S. 554 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO RESPIRATORY CARE PRACTITIONERS ANNUAL RENEWAL AND LATE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1516, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 555 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO COMPUTERIZED ADAPTIVE TESTING; ISSUING PERMIT TO CANADIAN LICENSEES WHO HAVE PASSED THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1585, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4146 -- Reps. J. Bailey and Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR THE HUNTING OF FOX IN GAME ZONE 6.

S. 695 -- Senators Hayes, Gregory, Peeler, Short, J. Verne Smith and Drummond: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.

S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS, INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

S. 215--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KEEGAN, with unanimous consent, it was ordered that S. 215 be read the third time tomorrow.

S. 255--DEBATE ADJOURNED

Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.

S. 259--ORDERED TO THIRD READING

The following Bill was taken up.

S. 259 -- Senator Drummond: A BILL TO AMEND SECTION 40-47-50 AND SECTION 40-47-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAL AND OSTEOPATHY PHYSICIAN LICENSING, SO AS TO DELETE THE REQUIREMENT FOR GOOD MORAL CHARACTER AND SOBRIETY; TO AMEND SECTION 40-47-200, AS AMENDED, RELATING TO SUSPENSION AND REVOCATION OF LICENSES, SO AS TO PROVIDE THAT THE STATE BOARD OF MEDICAL EXAMINERS MAY REQUIRE A LICENSEE OR APPLICANT TO SUBMIT TO A MENTAL OR PHYSICAL EXAMINATION AND TO ALLOW THE PROVIDER TO OBTAIN MEDICAL RECORDS; TO REPEAL SECTION 40-47-220 RELATING TO DISPOSITION OF FEES AND INCOME; AND TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS.

Rep. FAIR moved to adjourn debate upon the Bill until Tuesday, May 11, which was rejected by a division vote of 29 to 46.

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

H. 3689--DEBATE ADJOURNED

Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3689 -- Reps. Wilkes, Wright, Sharpe, Harrison, Vaughn, Wells, R. Smith, Witherspoon, Littlejohn, Walker, Davenport, Fulmer, Riser, Jaskwhich, Clyborne and Stone: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.

H. 4110--DEBATE ADJOURNED

Rep. KELLEY moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 4110 -- Reps. Fulmer and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-625 SO AS TO PROVIDE THAT IF ACCESS TO A PARTICULAR PROPERTY OR PROPERTIES IS CONTROLLED BY A TRAFFIC SIGNAL, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REQUIRE THAT IMPROVEMENTS BE MADE TO THE PROPERTY WHICH ARE NECESSARY TO IMPROVE TRAFFIC FLOW AT THE INTERSECTION CONTROLLED BY THE TRAFFIC SIGNAL.

H. 4111--DEBATE ADJOURNED

Rep. WITHERSPOON moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.

H. 3272--DEBATE ADJOURNED

Rep. FAIR moved to adjourn debate upon the following Bill until Tuesday, May 11, which was adopted.

H. 3272 -- Reps. Fair, A. Young, Simrill, Walker, Littlejohn, Davenport, Jaskwhich, Moody-Lawrence, Trotter, Beatty, Phillips, Haskins, Robinson, Cato, Wells, Meacham, Marchbanks and D. Wilder: A BILL TO AMEND SECTION 61-3-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR LICENSES ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO REQUIRE THAT THE PERSON APPLYING FOR THE LICENSE MUST BE THE SAME PERSON WHO WILL HAVE ACTUAL CONTROL AND MANAGEMENT OF THE BUSINESS PROPOSED TO BE OPERATED.

Rep. CLYBORNE moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4173 -- Reps. Rudnick, Harrelson, Mattos, Holt, Sharpe, Kirsh, McMahand, Thomas, Riser, McAbee, Tucker, Witherspoon, Farr, Moody-Lawrence, Houck, Snow, J. Harris, Rhoad, J. Wilder, Cooper, Cato, Harrison, Haskins, Stille, Anderson, D. Wilder, Wells, Allison, Kinon, G. Brown, Barber, Vaughn, Askins, Byrd, Keyserling, McElveen, Kelley, G. Bailey, Wright, Harwell, Hines, Hutson, R. Smith and Scott: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MACKENZIE "MACK" MILLER OF AIKEN, OUTSTANDING TRAINER OF SEA HERO, THE AIKEN-TRAINED WINNER OF THE 1993 KENTUCKY DERBY.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. CLYBORNE adjourned to meet at 10:00 A.M. tomorrow.

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