Journal of the Senate
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Dearly beloved, the New Revised Version of the Bible renders St. Matthew's Gospel in these words, Chapter 25:23:
"His Master said to him, 'Well done, good and trustworthy slave;
you have been trustworthy in a few things' ..."
Let us pray.
Our Father, we've invested our talents as best we could under our circumstances.
Forgive us for any failures of purpose or achievement.
Bless the good legislation we have passed. If we have failed in anything, give us another chance to try again.
In our hearts we pray the ancient prayer:
"May the Lord bless us and keep us.
May the Lord cause His face to shine upon us, and be
gracious to us.
May the Lord lift up His Countenance upon us and give
us peace; both now and forevermore, through Christ our Lord."
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
MESSAGE FROM THE GOVERNOR
The following appointment was transmitted by the Honorable James H. Hodges:
Statewide Appointment
Initial Appointment, South Carolina Board of Juvenile Parole, with term to commence June 30, 1998, and to expire June 30, 2002:
At-Large:
Roosevelt Boyd, Route 2, Box 733, Pinewood, S.C. 29125 VICE Donna Earls Elders
Referred to the Committee on Judiciary.
Senator GLOVER introduced Dr. Brenna Delaine of Columbia, S.C., Doctor of the Day.
At 11:15 A.M., Senator JACKSON requested a leave of absence beginning at 12:00 P.M. and lasting until 4:00 P.M.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 1426 (Word version) -- Senator Moore: A SENATE RESOLUTION CONGRATULATING DR. LINDA ELDRIDGE OF AIKEN COUNTY FOR BEING NAMED OUTSTANDING SUPERINTENDENT BY THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION AND EXTENDING THEIR SINCERE APPRECIATION FOR ALL HER MANY CONTRIBUTIONS TO EDUCATION IN SOUTH CAROLINA.
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The Senate Resolution was adopted.
S. 1427 (Word version) -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF MRS. LUCY JANE SCURRY TIMMERMAN OF EDGEFIELD AND EXTEND THEIR DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.
S. 1428 (Word version) -- Senator Moore: A SENATE RESOLUTION TO CONGRATULATE MR. WELDON WYATT OF AIKEN COUNTY FOR RECEIVING THE "CHAMPION FOR PUBLIC EDUCATION" AWARD FROM THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION AND TO EXPRESS SINCERE APPRECIATION FOR HIS MANY CONTRIBUTIONS IN SUPPORT OF PUBLIC EDUCATION IN SOUTH CAROLINA.
S. 1429 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF MR. ARCHIE KEESLEY OF EDGEFIELD AND EXTENDING THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5147 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION MEMORIALIZING THE HONORABLE RODNEY E. SLATER, SECRETARY OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, THE ADMINISTRATOR OF THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION (FMCSA), AND THE UNITED STATES CONGRESS TO OPPOSE THE ADOPTION OF THE REVISIONS TO THE FEDERAL HOURS-OF-SERVICE RULES FOR COMMERCIAL DRIVERS CONTAINED IN THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S RECENTLY ISSUED NOTICE OF PROPOSED RULEMAKING, AND TO URGE THE FMCSA TO ISSUE A NEW PROPOSAL BASED ON SOUND SCIENCE, ENHANCED PUBLIC SAFETY, AND STRENGTHENED ABILITY OF THE TRUCKING INDUSTRY TO MEET THE NEEDS OF THE AMERICAN ECONOMY.
Senator PEELER asked unanimous consent to take up the Concurrent Resolution for immediate consideration.
There was no objection.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 5159 (Word version) -- Rep. McMahand: A CONCURRENT RESOLUTION TO HONOR AND COMMEND JULIA CHILES ADAMS, DIRECTOR FOR THE PAST THIRTEEN YEARS OF THE GREENVILLE COUNTY HUMAN RELATIONS COMMISSION UPON HER RETIREMENT, AND TO THANK HER FOR ALL THE CONTRIBUTIONS SHE HAS MADE DURING THE THIRTY-FIVE YEARS SHE HAS SPENT IN LEADERSHIP POSITIONS AT LOCAL, STATE, AND REGIONAL LEVELS WORKING EFFECTIVELY ON HUMAN, SOCIAL, AND CIVIL RIGHTS ISSUES.
H. 5160 (Word version) -- Rep. Canty: A CONCURRENT RESOLUTION CONGRATULATING CALVARY BAPTIST CHURCH OF PINEWOOD, SOUTH CAROLINA, ON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH ANNIVERSARY, AND RECOGNIZING ITS LONG AND LAUDABLE HISTORY OF SERVING THE EDUCATIONAL, HUMANITARIAN, AND SPIRITUAL NEEDS OF ITS MEMBERS AND THE PINEWOOD COMMUNITY.
Message from the House
Columbia, S.C., June 1, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 1145 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF TRAINING AND CONTINUING EDUCATION, SO AS TO PROVIDE THAT A CLASS ONE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN THE AREA OF DOMESTIC VIOLENCE, TO PROVIDE THAT THE TRAINING BE PROVIDED FOR OR APPROVED BY THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY, AND TO PROVIDE THE CURRICULUM FOR THE TRAINING.
and has ordered the Bill Enrolled for Ratification.
Received as information.
The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
S. 1291 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 62-5-433, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT FOR SETTLEMENT OF CLAIMS IN AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH THE CIRCUIT COURT; AND FOR CLAIMS NOT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS, JURISDICTION SHALL BE WITH EITHER THE CIRCUIT COURT OR THE PROBATE COURT.
H. 3403 (Word version) -- Reps. Robinson, Kelley, H. Brown, Easterday, Littlejohn, Sandifer, Vaughn, Leach, Fleming, Trotter, Klauber, McKay, Simrill, Hinson, Barrett, Keegan, Law and Rice: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST RATE AT THE PRIME RATE; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS THE PRIME RATE PLUS ONE PERCENT; AND TO PROVIDE HOW THE PRIME RATE IS TO BE CALCULATED.
S. 470 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 16-17-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EAVESDROPPING AND PEEPING, SO AS TO PROHIBIT THE USE OF ELECTRONIC VIDEO OR AUDIO EQUIPMENT FOR THE PURPOSE OF EAVESDROPPING OR PEEPING; TO FURTHER PROHIBIT A PERSON FROM COMMITTING THE CRIME OF VOYEURISM, AND TO DEFINE THE TERM "VOYEURISM"; TO FURTHER PROHIBIT THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; TO DEFINE A "PLACE OF REASONABLE EXPECTATION OF PRIVACY", "SURVEILLANCE", AND "VIEW"; TO FURTHER PROVIDE CRIMINAL PENALTIES FOR CONVICTIONS OF VOYEURISM AND THE SALE OR DISTRIBUTION OF ANY RECORDING, VIDEOTAPE, OR FILM OF ANOTHER PERSON; AND TO REQUIRE IMMEDIATE FORFEITURE AND DESTRUCTION OF ALL VIDEO AND AUDIO RECORDINGS PRODUCED FROM THIS UNLAWFUL ACTIVITY.
H. 3434 (Word version) -- Reps. Campsen, Altman, Davenport, Inabinett and Sharpe: A BILL TO AMEND CHAPTERS 4 AND 5 OF TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WATER USE REPORTING AND COORDINATION ACT AND THE GROUNDWATER USE ACT, SO AS TO DENOMINATE THESE CHAPTERS AS THE "SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT" AND THE "GROUNDWATER USE AND REPORTING ACT" RESPECTIVELY, AND, AMONG OTHER THINGS, TO CHANGE THE THRESHOLD AMOUNT OF WATER WITHDRAWAL REQUIRING REGISTRATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM A DAILY MEASUREMENT TO A MONTHLY MEASUREMENT; TO REVISE THE CATEGORIES OF WATER USERS REQUIRED TO REGISTER TO INCLUDE ONLY WATER WITHDRAWERS; TO REQUIRE WATER WITHDRAWERS TO REPORT TO THE DEPARTMENT ANNUALLY, RATHER THAN QUARTERLY; TO REVISE DROUGHT REPORTING PROCEDURES; TO REQUIRE NOTIFICATION TO THE DEPARTMENT FOR CERTAIN DEPTH WELL DRILLING IN A NONCAPACITY USE AREA BEFORE DRILLING BEGINS RATHER THAN AFTER THE WELL IS DRILLED AND TO REQUIRE PUBLIC NOTICE BE PROVIDED OF SUCH WELL DRILLING; TO AUTHORIZE THE DEPARTMENT TO INITIATE THE PROCESS FOR DESIGNATING AN AREA AS A CRITICAL USE AREA, RATHER THAN AUTHORIZING ONLY LOCAL GOVERNMENTS TO INITIATE THIS PROCESS; TO PROVIDE THAT THE ISSUANCE OF PERMITS IN CAPACITY USE AREAS MUST BE BASED UPON LOCALLY DEVELOPED PLANS RATHER THAN ON DEPARTMENT GUIDELINES AND TO PROVIDE AN EXCEPTION; AND TO PROVIDE PENALTIES.
S. 544 (Word version) -- Senators Hayes, J. Verne Smith, Alexander, Moore, Drummond, Setzler, Branton, Courson, Fair, Giese, Gregory, Grooms, Jackson, Thomas, Martin, McGill, Mescher, O'Dell, Peeler, Russell, Ryberg, Waldrep, Wilson and Leatherman: A BILL TO AMEND SECTION 56-5-2930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A MOTOR VEHICLE WITH AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE, AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE TESTED FOR ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON WHO HAS AN ALCOHOL CONCENTRATION OF TEN ONE-HUNDREDTHS OF ONE PERCENT OR MORE IS CONCLUSIVELY PRESUMED TO HAVE AN ILLEGAL ALCOHOL CONCENTRATION.
S. 544--CONFERENCE COMMITTEE APPOINTED
On motion of Senator HUTTO, the Senate insisted upon its amendments to S. 544 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, HUTTO and HAYES to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. Cotty, Simrill and Lucas to the Committee of Conference on the part of the House on:
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
On motion of Senator GIESE, the Senate insisted upon its amendments to S. 575 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators GIESE, PASSAILAIGUE and LEVENTIS to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. D. Smith, Robinson and R. Smith to the Committee of Conference on the part of the House on:
S. 705 (Word version) -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.
On motion of Senator WILSON, the Senate insisted upon its amendments to S. 705 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators RANKIN, McCONNELL and MATTHEWS to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. Robinson, Cooper and Edge to the Committee of Conference on the part of the House on:
S. 109 (Word version) -- Senators Thomas, Ryberg, Hayes and Hutto: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-9-17 SO AS TO PROVIDE THAT A PROCESS SERVER MAY SERVE A SUMMONS, COMPLAINT, OR OTHER JUDICIAL DOCUMENTS ON SUNDAYS.
The House returned the Bill with amendments.
On motion of Senator THOMAS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 986 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.
On motion of Senator DRUMMOND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1042 (Word version) -- Senators Saleeby and Passailaigue: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
On motion of Senator LEATHERMAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1402 (Word version) -- Senator Branton: A BILL TO AMEND ACT 535 OF 1982 AND ACT 536 OF 1986, BOTH AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 IN DORCHESTER COUNTY AND DORCHESTER COUNTY SCHOOL DISTRICT 4, RESPECTIVELY, SO AS TO REVISE THE DATES BY WHICH PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THESE BOARDS MUST FILE A NOMINATING PETITION.
On motion of Senator BRANTON, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
NONCONCURRENCE
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
On motion of Senator HUTTO, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
asks for a Committee of Conference, and has appointed Reps. Martin, Barrett and Miller to the committee on the part of the House.
S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CO0NSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LEVENTIS, RAVENEL and HUTTO to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE F0OR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
H. 3465 (Word version) -- Reps. Easterday, Wilder, Stuart, Rice, Gilham, Hayes, Simrill, Harrison, Rodgers, Barrett, R. Smith, Vaughn, Loftis, Beck, Robinson, McGee and Sandifer: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT THE AGE SHALL BE SIXTEEN.
asks for a Committee of Conference, and has appointed Reps. Easterday, Harris and Campsen to the committee on the part of the House.
H. 3465--CONFERENCE COMMITTEE APPOINTED
Whereupon, the PRESIDENT Pro Tempore appointed Senators MARTIN, SHORT and HUTTO to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. W. McLeod, Stuart and Rodgers to the Committee of Conference on the part of the House on:
H. 4277 (Word version) -- Reps. Harvin, Stuart, Bales, Seithel, Whipper, Meacham-Richardson, Ott, Knotts and W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-667 SO AS TO DESIGNATE "THE RICHARDSON WALTZ" AS THE OFFICIAL STATE WALTZ.
The House respectfully informs your Honorable Body that it has appointed Reps. Stille, Barrett and Hamilton to the Committee of Conference on the part of the House on:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED.
H. 4684 (Word version) -- Rep. Jennings: A BILL TO AMEND CHAPTER 9, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXTRADITION PROCEDURES, BY ADDING SECTION 17-9-15, SO AS TO PROVIDE FOR THE EXTRADITION OF A PERSON WHO IS CHARGED IN THE REQUESTING STATE WITH COMMITTING AN ACT IN THIS STATE OR A THIRD STATE WHICH INTENTIONALLY RESULTED IN COMMITTING AN OFFENSE IN THE REQUESTING STATE.
On motion of Senator HOLLAND, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
asks for a Committee of Conference, and has appointed Reps. Jennings, Maddox and Klauber to the committee on the part of the House.
Whereupon, the PRESIDENT Pro Tempore appointed Senators HOLLAND, RANKIN and ALEXANDER to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
HOUSE CONCURRENCE
S. 1390 (Word version) -- Senators Anderson, Bryan, J. Verne Smith and Thomas: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "JOHN H. CHAPMAN BRIDGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "J. WALTER MOON INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES H. RICE INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES P. WILLIMON INTERCHANGE".
Returned with concurrence.
S. 1420 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION COMMENDING SERGEANT MAJOR ROBERT E. HALL FOR HIS YEARS OF SERVICE IN THE UNITED STATES ARMY AND FOR ATTAINING THE RANK OF SERGEANT MAJOR OF THE ARMY, AND CONGRATULATING HIM UPON HIS RETIREMENT FROM THE ARMED FORCES AFTER THIRTY-TWO YEARS OF SERVICE.
S. 1421 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF JANIE S. ROTHELL IN HER THIRTY-THREE YEAR CAREER WITH THE OCONEE COUNTY OFFICE OF THE DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HER RETIREMENT AND WISHING HER GOOD HEALTH AND HAPPINESS IN ALL HER FUTURE ENDEAVORS.
S. 1422 (Word version) -- Senators Wilson, Hayes, Branton, Leventis, Russell, Ravenel and Bauer: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE OFFICERS AND MEN OF THE 14th AIR FORCE AND ITS IMMEDIATE PREDECESSORS, THE FAMED "FLYING TIGERS" OF THE AMERICAN VOLUNTEER GROUP AND THE CHINA AIR TASK FORCE, WHO SERVED SO VALIANTLY IN THE CHINA, BURMA, INDIA THEATER, ESPECIALLY REMEMBERING AND HONORING THOSE BRAVE PILOTS, AIRMEN, AND SUPPORT PERSONNEL WHO WERE WOUNDED OR LOST THEIR LIVES AS THE RESULT OF ENEMY ACTION OR DISEASE DURING THE CRITICAL DAYS OF WORLD WAR II IN SOUTHEAST ASIA, AND TO EXPRESS THE GRATITUDE OF ALL SOUTH CAROLINIANS FOR THE SACRIFICE AND SERVICE OF THE MEMBERS OF THE 14th AIR FORCE AND ITS IMMEDIATE PREDECESSORS ON THE OCCASION OF THE 14th AIR FORCE ASSOCIATION'S MEETING, OCTOBER 11th-14th, 2000, IN CHARLESTON, SOUTH CAROLINA.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
ORDERED ENROLLED FOR RATIFICATION
The following Bills and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 4960 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO PROVIDE THE FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE CREATED TO STUDY THE FEASIBILITY OF CREATING A MASS TRANSPORTATION SYSTEM FOR THE STATE.
H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
H. 5135 (Word version) -- Reps. Carnell and Parks: A BILL TO AMEND ACT 441 OF 1959, AS AMENDED, RELATING TO THE GREENWOOD METROPOLITAN DISTRICT, SO AS TO INCREASE THE MEMBERS ON THE DISTRICT COMMISSION FROM SIX TO SEVEN, TO REQUIRE THREE MEMBERS PREVIOUSLY APPOINTED BY THE GOVERNOR TO BE ELECTED IN THE GENERAL ELECTION BEGINNING IN 2000, TO PROVIDE THAT THE ELECTED MEMBERS SHALL SERVE TWO-YEAR TERMS, AND TO ADD ONE MEMBER TO BE APPOINTED BY THE GREENWOOD COUNTY COUNCIL.
By prior motion of Senator DRUMMOND
H. 4937 (Word version) -- Reps. Cato, Tripp, Easterday, Hamilton, Leach, Loftis, McMahand, F. Smith and Wilkins: A BILL TO PROVIDE THAT THE NAME OF THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT IS CHANGED TO THE GREENVILLE ARENA DISTRICT AND SHALL BE COMPOSED OF THE AREA DEFINED FOR THE GREENVILLE MEMORIAL AUDITORIUM DISTRICT AND IS VESTED WITH ALL THE POWERS, DUTIES, AND AUTHORITY VESTED IN THAT DISTRICT.
By prior motion of Senator J. VERNE SMITH
H. 5110 (Word version) -- Reps. Rodgers, Gilham and Lloyd: A BILL TO AMEND ACT 583 OF 1994, RELATING TO THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO PROVIDE THAT THE COUNTY LEGISLATIVE DELEGATION SHALL DESIGNATE THE CHAIRMAN AND THE VICE-CHAIRMAN OF THE BOARD, AND TO PROVIDE FOR THE VICE-CHAIRMAN TO PRESIDE IN THE ABSENCE OF THE CHAIRMAN AND ASSUME THE CHAIRMANSHIP WHEN THE POSITION BECOMES VACANT.
By prior motion of Senator RICHARDSON
H. 5112 (Word version) -- Rep. Rodgers: A BILL TO AUTHORIZE THE BEAUFORT COUNTY TRANSPORTATION COMMITTEE TO EXPEND ONE THOUSAND FIVE HUNDRED DOLLARS FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE, TO PROVIDE FOR A LIMIT ON THE NUMBER OF TERMS A MEMBER MAY BE APPOINTED, AND TO PROVIDE THAT THE LEGISLATIVE DELEGATION MAY REPLACE A MEMBER WHO RESIGNS OR DOES NOT ATTEND A CERTAIN NUMBER OF MEETINGS IN A FISCAL YEAR.
HOUSE BILLS RETURNED
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
By prior motion of Senator MATTHEWS, with unanimous consent
H. 3993 (Word version) -- Reps. Rodgers, Clyburn, Gilham, Gourdine, Hinson, Kelley, Kennedy and Lloyd: A BILL TO AMEND SECTION 58-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACTIVATION AND DISSOLUTION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DEFINE THE NEW SOURCES OF REVENUE THAT REQUIRE THE ACTIVATION OF AN AUTHORITY TO BE APPROVED BY THE QUALIFIED ELECTORS WITHIN A PROPOSED SERVICE AREA; TO AMEND SECTION 58-25-35, AS AMENDED, RELATING TO COMPOSITION OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO A REGIONAL TRANSPORTATION AUTHORITY'S BOARD MEMBERS, OFFICERS, AND STAFF SO AS TO DELETE A REFERENCE TO THE TERM "RESIDENT SENATOR", AND TO PROVIDE THAT IF A REGIONAL TRANSPORTATION AUTHORITY EXPANDS INTO A CONTIGUOUS COUNTY, OR MUNICIPALITY, THE EXPANSION MUST BE APPROVED BY THE QUALIFIED ELECTORS IN THOSE COUNTIES AND MUNICIPALITIES ONLY; TO AMEND SECTION 58-25-50 AS AMENDED, RELATING TO THE POWERS AND DUTIES OF A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO DELETE THE PROVISION RELATING TO THE AUTHORITY'S PREPARATION OF A PLAN TO COORDINATE PUBLIC TRANSPORTATION SERVICES PROVIDED BY EACH ENTITY IN THE AUTHORITY'S SERVICE AREA; AND TO AMEND SECTION 58-25-60, AS AMENDED, RELATING TO SOURCES OF FUNDS TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY, SO AS TO PROVIDE ADDITIONAL SOURCES OF FUNDS THAT MAY BE USED TO OPERATE A REGIONAL TRANSPORTATION AUTHORITY WHICH INCLUDE A SALES TAX ON GASOLINE, A TAX PER GALLON OF GASOLINE SOLD, AND A GENERAL SALES TAX, AND TO DELETE THE REQUIREMENT THAT A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING A REGIONAL TRANSPORTATION AUTHORITY'S SERVICE AREA MUST APPROVE AN INCREASE IN THE MOTOR VEHICLE REGISTRATION FEE.
By prior motion of Senator PASSAILAIGUE, with unanimous consent
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE
H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, Meacham-Richardson, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Amendment No. 3
Senator BRYAN proposed the following Amendment No. 3 (3750R004.JEB), which was adopted:
/ SECTION 1. A. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-225. (A) For subdivision lots in a conditional or final plat filed after 2000, and notwithstanding the provisions of Section 12-43-224, a subdivision lot discount is allowed in the valuation of the platted lots only as provided in subsection (B) of this section, and this discounted value applies for five property tax years or until the lot is sold, or a certificate of occupancy is issued for the improvement on the lot, or the improvement is occupied, whichever of them elapses or occurs first. When the discount allowed by this section no longer applies, the lots must be individually valued as provided by law.
(B) To be eligible for a subdivision lot discount, the final or conditional plat filed must contain at least ten building lots. The owner must apply for the discount by means of a written application to the assessor on or before May first of the year for which the discount is claimed. The value of each platted building lot is calculated: (1) by dividing the total number of platted building lots into the value of the entire parcel as undeveloped real property; and (2) as provided in Section 12-43-224 and the difference between the two calculations determined. The value of a lot as determined under Section 12-43-224 is reduced as follows:
For lots in plats filed in 2001, the value is reduced by thirty percent of the difference. For lots in plats filed in 2002, the value is reduced by sixty percent. For lots in plats filed after 2002, the value is reduced by one hundred percent of the difference.
(C) If a lot allowed the discount provided by this section is sold to the holder of a residential homebuilder's license or general contractor's license, the discount continues through the first tax year which ends twelve months from the date of sale if the purchaser files a written application for the discount with the county assessor by March first of the year for which the applicant is claiming the discount."
B. The provisions of Section 12-43-225 of the 1976 Code added by subsection A of this section are not severable, and if court of competent jurisdiction determines any part of the section to be unconstitutional or otherwise invalid, the entire section is therefore invalid and the provisions of Section 12-43-224 of the 1976 Code shall remain operative to provide multiple lot discounts.
SECTION 2. Upon approval by the Governor, this act is effective for property tax years beginning after 1999./
Senator BRYAN explained the amendment.
Senator WALDREP spoke on the Bill.
The amendment was adopted.
Senator MATTHEWS proposed the following Amendment No. 4 (3750R005.JWM), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION ___. The Department of Revenue may amend the 2000 Index of Taxpaying Ability, as defined in Section 59-2-20(3), up to July 1, 2000, for the purposes of calculating the 2000 Index of Taxpaying Ability. /
Senator MATTHEWS explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 4441 (Word version) -- Reps. Cato, Cooper and Tripp: A BILL TO AMEND SECTION 38-71-46(A) OF THE 1976 CODE RELATING TO DIABETES COVERAGE IN HEALTH INSURANCE POLICIES, SO AS TO CLARIFY OR ESTABLISH STANDARDS FOR DENIAL OF COVERAGE.
Senator SALEEBY proposed the following amendment (4441R004.EES), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ SECTION 1. Section 38-71-46(A) of the 1976 Code, as amended by Act 239 of 2000, is further amended to read:
"(A) On or after January 1, 2000, every health maintenance organization, individual and group health insurance policy, or contract issued or renewed in this State must provide coverage for the equipment, supplies, Food and Drug Administration-approved medication indicated for the treatment of diabetes, and outpatient self-management training and education for the treatment of people with diabetes mellitus, if medically necessary, and prescribed by a health care professional who is legally authorized to prescribe such items and who demonstrates adherence to minimum standards of care for diabetes mellitus as adopted and published by the Diabetes Initiative of South Carolina. This subsection does not prohibit a health maintenance organization or an individual or a group health insurance policy from providing coverage for medication according to formulary or using network providers. Coverage must not be denied unless the health care professional demonstrates a persistent pattern of failure to adhere to the minimal standards of care and unless the health maintenance organization or insurer has first provided written notice to the health care professional that coverage will be denied if the health care professional fails to adhere to the minimal standards of care."
SECTION 2. The provisions added by this act take effect upon approval by the Governor. /
S. 415 (Word version) -- Senators Land, Hutto, O'Dell, Hayes, Giese and Holland: A BILL TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY USE OF SEAT BELTS, SO AS TO CONFORM THIS PROVISION WITH THE CHILD RESTRAINT PROVISIONS OF ARTICLE 47; TO AMEND SECTION 56-5-6530, RELATING TO EXEMPTIONS FROM SEAT BELT USE, SO AS TO DELETE AN UNNECESSARY PROVISION; AND TO AMEND SECTION 56-5-6540, RELATING TO SEAT BELT USE, SO AS TO AUTHORIZE PRIMARY ENFORCEMENT OF THE REQUIREMENT TO WEAR SEAT BELTS AND TO INCREASE THE FINE FOR FAILURE TO WEAR A SEAT BELT AND TO IMPOSE A FINE ON THE DRIVER OF A MOTOR VEHICLE IF AN OCCUPANT OF THE VEHICLE UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SEAT BELT.
On motion of Senator MOORE
H. 4875 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 33-3-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL POWERS OF CORPORATIONS, SO AS TO PROVIDE THE POWERS EXTEND TO THOSE GRANTED BY CHAPTER 21 OF TITLE 33.
Senator LEVENTIS explained the Bill.
On motion of Senator ELLIOTT
AMENDMENT PROPOSED, CARRIED OVER
H. 4617 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGAGING IN CONSTRUCTION PURSUANT TO A LICENSE, SO AS TO DEFINE "ENGAGING IN CONSTRUCTION" AND TO REQUIRE THAT A LICENSED CONTRACTOR ENGAGE IN CONSTRUCTION IN THE EXACT LICENSED NAME; AND TO AMEND SECTION 40-11-410, AS AMENDED, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS SO AS TO DELETE "GLASS" AND "GLAZING" FROM THE SUBCLASSIFICATION OF "INTERIOR RENOVATION" AND TO ADD AND DEFINE "GLASS AND GLAZING" AS A SUBCLASSIFICATION OF "GENERAL CONTRACTORS SPECIALTY".
Senator LEATHERMAN asked unanimous consent to take the Bill up for immediate consideration.
Senator McCONNELL proposed the following amendment (NBD\ 12179AC00):
/SECTION __. A. SECTION 1. Chapter 29, Title 40 of the 1976 Code is amended to read:
Uniform Standards Code for Manufactured Housing
Section 40-29-10. This chapter may be cited as the 'Uniform Standards Code for Manufactured Housing Act'.
Section 40-29-20. Unless clearly indicated otherwise, as used in this article:
(1) 'Authorized official' means a person acting on behalf of a manufactured home retail dealer.
(2) 'Board' means the South Carolina Manufactured Housing Board.
(3) 'Construction and Safety Standards Act' means Federal Manufactured Housing Construction and Safety Standards Act of 1974.
(4) 'Consumer' means a person who in good faith purchases a manufactured home for purposes other than resale.
(5) 'Defect' includes a defect in the performance, construction, components, or material of a manufactured home that renders the home or any part of it not fit for the ordinary use for which it was intended.
(6) [Deleted.]
(7) 'Established place of business' means the office, building, or display area where the exercise of the ordinary and regular functions of the business are conducted for the purpose of carrying on the business of the owner and where books, records, files, inventory, and equipment necessary to properly conduct the business are maintained.
(8) 'Imminent safety hazard' means a hazard that presents an imminent and unreasonable risk of death or severe personal injury.
(9) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it.
(10) 'Manufactured home contractor' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home.
(11) 'Manufactured home installer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration installs manufactured housing.
(12) 'Manufactured home manufacturer' means a person, resident or nonresident, who designs, constructs, or produces manufactured homes.
(13) 'Manufactured home repairer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home.
(14) 'Manufactured home retail dealer' means a person engaged in the business of buying, selling, offering for sale, or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in five or more manufactured homes in any twelve-month period, or who offers or displays for sale five or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. 'Selling' and 'sale' include lease-purchase transactions. 'Manufactured home retail dealer' does not include banks and finance companies that acquire manufactured homes as an incident to their regular business.
(15) 'Manufactured home retail salesman' means a person who is an employee or otherwise acts as an agent or representative of a manufactured home retail dealer and holds himself out as promoting, offering for sale, or selling the manufactured home retail dealer's goods or services.
(16) 'Manufacturer's representative' means a person who is an employee or otherwise acts as an agent or representative of a manufactured home manufacturer for the purpose of promoting, offering for sale, or selling the manufacturer's goods or services.
(17) 'Person' means an individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity.
(18) 'Secretary' means the Secretary of Housing and Urban Development (HUD).
(19) 'Setup' means the installation operations performed at the occupancy site which render a manufactured home fit for habitation. Such operations include, but are not limited to, positioning, blocking, leveling, supporting, tying down, connecting utility systems, and assembling multiple or expandable units.
(20) 'Standard' means the appropriate standards adopted by the State of South Carolina and established by the Department of Housing and Urban Development pursuant to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 for single family manufactured homes.
(21) 'State Administrative Agency (SAA)' means the agency of the State which has been approved to carry out the state plan and to enforce the National Manufactured Housing Construction and Safety Standards Act within South Carolina.
Section 40-29-30. There is created the Manufactured Housing Board. It is composed of ten members who are residents of South Carolina appointed by the Governor for terms of four years and until their successors are appointed and qualify. Terms of the members are limited to two consecutive four-year terms, except for the manufactured housing manufacturer. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance business, a full-time employee of a fire department, a manufactured home manufacturer, a representative of the banking and finance business, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The State Fire Marshal shall serve on the board as a consultant and as an ex officio member without vote.
Each member of the board shall receive the usual per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees for days on which they are transacting official business to be paid from monies appropriated from the general fund of the State for these purposes.
The board shall meet on a regular basis. The board shall provide notice to interested members of the public of its scheduled and special meetings. It may hold special meetings other than regularly scheduled meetings, at the call of the chairman.
No member of the board may participate in any proceeding before the board involving his licensed business.
A majority of the board may petition the Governor to remove and replace a member of the board for cause that includes, but is not limited to:
(1) the request of that board member to be replaced;
(2) failure of that board member to participate regularly at meetings called by the chairman;
(3) action that, in the judgment of the board, hinders the performance of the board in its duties to carry out the purpose of this chapter.
Section 40-29-40. Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components and appliances, including, but not limited to, heating, plumbing, and electrical systems, like other finished products having concealed vital parts, may present hazards to the life and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards and for that purpose to forbid the manufacture and sale of new manufactured homes which are not so constructed as to provide safety and protection to their owners and users and further to provide that the business practices of the industry are fair and orderly among the members of the industry with due regard to the ultimate consumers in this important area of human shelter.
Unless clearly indicated otherwise, this chapter applies to manufactured homes and mobile homes.
Section 40-29-50. The board shall:
(1) annually elect by majority vote a chairman and vice-chairman from its membership. Not more than one individual associated with the manufactured housing industry may hold the position of chairman or vice-chairman at the same time;
(2) establish by regulation classifications of licenses and qualifications and examinations necessary for licensure under this chapter;
(3) issue licenses, and suspend or revoke for cause a license;
(4) establish, by regulation, the manner in which each consumer is notified of:
(a) warranties according to this chapter;
(b) the existence of the board and procedures for the filing of complaints;
(5) invoke fines or adjust surety bonding or other approved security requirements for cause in accordance with this chapter;
(6) receive and resolve complaints from buyers of manufactured homes;
(7) conduct hearings regarding any violations of this chapter or regulations;
(8) adopt regulations relating to the construction, repair, modification, installation, tie-down, hookup, and sale of all manufactured homes, which regulations must be uniform throughout the state and enforced by inspectors for the board to insure minimum standards of safety within the state and its political subdivisions. Ordinances of a political subdivision, relating to installation or sale of manufactured homes may not be inconsistent with a regulation or standard adopted pursuant to this chapter;
(9) adopt regulations and standards necessary to carry out the provisions of this chapter;
(10) adopt by regulation the standards contained in the Construction and Safety Standards Act;
(11) adopt by regulation the manufactured home procedural and enforcement regulations 24 C.F.R. 3282, as amended, promulgated by the Department of Housing and Urban Development pursuant to the Construction and Safety Standards Act;
(12) enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds, or other financial assistance to further the purposes of this chapter;
(13) adopt regulations for the conducting of hearings and the presentation of views, consistent with the regulations promulgated by the Department of Housing and Urban Development, 24 C.F.R. 3282.151 through 3282.156, as amended; and
(14) prepare, administer and grade examinations for licensure under the classifications sought by the applicant and collect fees.
Section 40-29-70. No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing and Urban Development.
Section 40-29-80. Compliance with Section 40-29-70 as satisfying requirements of chapter; limits on additional inspection fees; requirements for setup installation regulation or standard; registration of regulation or standard.
A manufactured home unit bearing a label or seal indicating compliance with Section 40-29-70 is acceptable as meeting the requirements of this chapter throughout the State without further inspection fees except for final setup installation inspection fees not exceeding ten dollars and zoning and utility connection inspection fees. No setup installation regulation or standard may be enforced unless it meets the requirements of the Construction and Safety Standards Act. A copy of a setup regulation or standard other than the Federal Regulations and Standards must be registered with the board.
Section 40-29-85. (A) The State Energy Office shall design, produce, and provide to the Office of Manufactured Housing labels to be distributed to manufactured home manufacturers who shall place a permanent label on each manufactured home that has not been previously occupied, that is to be placed for sale in South Carolina, and that meets or exceeds the energy efficiency levels provided for in Section 12-36-2110(B). By affixing this label, the manufactured home manufacturer certifies that the manufactured home meets or exceeds the energy efficiency levels shown in Section 12-36-2110(B).
(B) If a manufactured home which has not been occupied previously and that is to be placed for sale in South Carolina meets the energy efficiency levels specified in Section 12-36-2110(B), the manufacturer shall affix to the kitchen counter a notice stating that the home meets the energy efficiency levels. Only the consumer may remove the notice. The notice must be designed by the Office of Manufactured Housing, in consultation with the State Energy Office. Notices must be produced by the State Energy Office and provided to the Office of Manufactured Housing for distribution to manufactured home manufacturers.
Section 40-29-90. The board, as the state administrative agency, shall establish a monitoring inspection fee in an amount established by the secretary. The fee must be paid by the manufacturer to the secretary or his agent who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally approved states by the secretary and based on the number of manufactured homes whose first location after leaving the manufacturing plant is on the premises of a distributor, dealer, or purchaser in that state and extent of participation of the state in the joint monitoring team program established under the Construction and Safety Standards Act.
In municipalities and counties where building, construction, or tax permits are issued no supplier of electricity in this State may connect electrical power to any manufactured homes after April 1, 1972, unless the owner of the manufactured home presents to the supplier of electricity a permit which may be part of a building, construction, or tax permit from an authorized officer of a municipality or county where the manufactured home is located that the manufactured home meets the requirements. A sworn affidavit or other proof from the owner of the manufactured home that it bears the label or seal or compliance number of an approved independent third-party testing and inspecting agent or of a foreign state granted reciprocity or a HUD manufactured home label is sufficient evidence of compliance for the municipal or county official to issue the electrical permit.
The governing body of a municipality or county of this State shall designate an officer to issue the permit.
This section does not apply to a manufactured home if it has been connected to electricity before April 1, 1972. An affidavit of the owner of the manufactured home that it has been connected before that date is satisfactory evidence for the officer of the municipality or county to issue the certificate.
Section 40-29-100. License to sell manufactured homes.
(A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, manufactured home manufacturer, or manufacturer's representative in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board.
(B) All licenses must be granted or refused within thirty days after proper and complete application. All licenses expire June thirtieth of each year following the date of issue, unless sooner revoked or suspended; however, the licenses of manufactured home contractors, installers, and repairers expire December thirty-first of each year following the date of issue, unless sooner revoked or suspended. An applicant for licensing shall:
(1) demonstrate financial responsibility as required by regulations of the board;
(2) not have engaged illegally in the licensed classification;
(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;
(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;
(5) if an individual or partnership, have maintained a residence or street address in South Carolina for at least thirty days before the date of application;
(6) submit proof of registration with the South Carolina Department of Revenue and submit a current tax identification number;
(7) where applicable, pass an examination administered by the board in the license classification for which application is made;
(8) where applicable, complete training as prescribed by the board.
(C) Fees for licenses must be set in accordance with regulations promulgated by the board.
(D) Licenses are not required for a licensed real estate salesman or broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes.
(E) A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of a manufactured home retail dealer and manufactured home manufacturer to conspicuously display the licenses in the established place of business. Manufactured home retail salesmen, manufactured home contractors, installers, and repairers, and manufacturer's representatives are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.
(F) The board shall prescribe the form of license and each license must have printed on it the seal of its office.
(G) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony or an offense involving moral turpitude. Further, the board may deny a license to an applicant who previously had been found by the board to be in violation of Section 40-29-150.
Section 40-29-110. Examination requirements for license.
(A) No manufactured home salesman may be issued a license for the first time until he has passed with a satisfactory score, an examination prepared, graded, and administered by the board. The examination, where applicable, must determine the applicant's:
(1) general business knowledge;
(2) technical knowledge and familiarity with the prescribed standards;
(3) general knowledge of the statutes and regulations of this State relating to the advertising, sale, and financing of manufactured homes.
(B) No license may be issued to a manufactured home dealer unless the board is satisfied that the authorized official, stockholder, copartner, or manufactured home salesman authorized to sell by authority of the dealer license has passed successfully the appropriate examination.
(C) If a license lapses over six months, in order to be relicensed the applicant is required to be examined or reexamined before issuance of the license sought.
(D) Fees for examinations must be established by regulations promulgated by the board.
(E) No manufactured home contractor, installer, or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board.
Section 40-29-120. Security requirements for licensees; authority of board to file claims against security and indemnify consumers.
(A) At the time of making application, all licensees for a manufactured housing license shall furnish a corporate surety bond or other security in the form prescribed by the board for the license term outlined in Section 40-29-100, in the following amounts:
(1) for a manufactured home manufacturer, seventy-five thousand dollars for each location;
(2) for a manufactured home retail dealer, fifteen thousand dollars for each location;
(3) for a manufactured home retail salesman, ten thousand dollars;
(4) for a manufactured home contractor, installer, or repairer, five thousand dollars.
(B)(1) The surety bond or other approved security must be made payable to the board and claims may be initiated only through the complaint process provided by the board. Claims are limited to the reasons stated in this section and are for actual damages and do not include attorney fees or punitive damages incurred by the consumer as a result of the complaint.
(2) At the beginning of each subsequent renewal license period, a continuation certificate or proof of surety bond coverage or other approved security through the renewal license period must be delivered to the board with proper renewal application and fee.
(3) The board, upon a finding of a violation by a licensee, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense or the repeat nature of the licensee's violations, but the total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, twenty thousand dollars for salespersons, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds cannot be reduced below amounts provided in this section.
(4) The surety bond or other approved security may not be released by the board until all claims and complaints against the licensee have been finally resolved or until seven years after the licensee has ceased doing business in South Carolina, whichever period is later.
(5) All liability on a surety bond or other approved security is applicable to the surety bond or other security in effect as of the date of the occurrence which gave rise to the liability. In the event that the total claims against a surety bond or other form of approved security exceed the coverage amount of the surety bond or other approved security, the proceeds of the surety bond or other approved security may be distributed pro rata to the claimants.
(6) The board may file claims against a licensee's surety bond or other approved security and indemnify a consumer for losses to the limit of the surety bond or other approved security for damages resulting from the licensee's violation of this chapter or regulations promulgated by its authority or from fraud, misrepresentation, making of false promises, or the refusal, failure, or inability to transfer good and sufficient legal title.
Section 40-29-130. Requirements for indemnification from security; release of security when no business conducted.
(A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The requirement of three bids may be waived by the board if conditions require a waiver. The board shall select the low bidder to perform the repair work. The requirement of selecting the low bidder may be waived only if it is clear that the work cannot properly be performed at the bid level. Payment from the surety bond or other approved security must be authorized by the board only after the work is completed, inspected, and approved.
(B) If reimbursement to a consumer for repairs, parts, or other work is requested in a complaint, the division, with the approval of the board, shall determine the reasonable value of the repairs, part, or work. The consumer may not be reimbursed from the surety bond or other approved security in an amount more than the reasonable value of the repairs, part, or work.
(C) If a licensee does not conduct business after issuance of his license and the posting of the applicable surety bond or other approved security, the board, upon receipt of satisfactory evidence that no business was conducted, and upon surrender of the license, may release the licensee's surety bond or other approved security.
Section 40-29-140. Losses to which security is applicable.
Each surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, a salesperson, or a manufacturer's representative must be indemnity for a loss sustained by a consumer as a result of:
(1) a violation of a provision of this chapter or regulation of the board;
(2) a violation of the written warranty or to fulfill warranty obligations as outlined in Section 40-29-170;
(3) fraud in the execution or performance of a contract;
(4) a misrepresentation in reference to the sale of a manufactured home;
(5) refusal, failure, or inability to transfer good and sufficient legal title to the consumer;
(6) a misappropriation of funds belonging to the consumer;
(7) an alteration to deceive the consumer as to the manufacture or construction of the product;
(8) a false and fraudulent representation or deceitful practice in selling, financing, or representing a product or service.
Section 40-29-150. Grounds for suspension or revocation of license.
The board may suspend for a determinate period or revoke a license issued to a licensee or authorized official under the provisions of this chapter for:
(1) false, misleading, or deceptive advertising;
(2) knowingly contracting or performing a service beyond the scope of the license;
(3) misrepresentation of a material fact by the applicant in obtaining a license;
(4) misrepresentation or omission of a material fact in a manufactured home transaction;
(5) failure to comply with the warranty requirements of this chapter or regulations of the board pursuant to those requirements;
(6) failure by a manufacturer or dealer to transfer good and sufficient title to the purchaser of a manufactured home;
(7) conviction of a licensee in a court of competent jurisdiction of a felony or an offense involving moral turpitude;
(8) failing to have an established place of business;
(9) wilfully defrauding a retail buyer, to the buyer's damage through misrepresentation or misappropriation of funds belonging to the buyer;
(10) employment of fraudulent devices, methods, or practices in connection with compliance with the requirements of this chapter;
(11) having used unfair methods of competition or unfair deceptive acts or practices;
(12) knowingly advertising or selling a used manufactured home as a new manufactured home;
(13) failing to obtain a license before doing business in this State;
(14) having knowingly failed or refused to account for or to pay over monies or other valuables belonging to others which have come into the licensee's possession arising out of the sale of manufactured homes;
(15) failing to appear before the board upon due notice, or to follow directives of the board;
(16) failing to comply with adopted state or federal standards in the manufacture, sale, installation, repair, modification, or delivery of manufactured housing;
(17) employing unlicensed manufacturer's representatives or retail salesmen or knowingly contracting with an unlicensed manufactured home contractor, installer, or repairer;
(18) knowingly purchasing a manufactured home from an unlicensed manufacturer or knowingly selling or offering a manufactured home to an unlicensed manufactured home dealer;
(19) knowingly purchasing a manufactured home from unlicensed manufacturer's representatives.
Section 40-29-160. Penalties for selling without valid license; procedures; appeal.
A person engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty.
Upon appearance, if it is determined that an administrative penalty must be imposed, the person cited may appeal the decision to the board. The request for appeal must be in writing.
A licensee who violates a provision of this chapter or regulation in regard to consumer complaints shall upon citation by the board appear before an agent of the board appointed to act as administrative hearing officer for a hearing which may result in the imposition of the following administrative penalties:
(1) for a first offense, a fine of not more than five hundred dollars or a license suspension of not more than thirty days, or both;
(2) for a second offense, a fine of not more than one thousand dollars or suspension of not more than sixty days, or both;
(3) for a third offense, a fine of not more two thousand dollars or a license suspension of not more than ninety days, or both.
The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations after the appeal and its decision in the matter. Appeals from the decision of the board are to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
A licensee who violates any other provisions of this chapter or regulations promulgated by its authority or accumulates three or more consumer complaints or violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing which may result in:
(1) a fine of not more than two thousand five hundred dollars or license suspension or revocation for not more than one year;
(2) increase in surety bonding or other approved security requirements. The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-29-170. Warranty requirements.
(A) Each manufactured home manufacturer and manufactured home retail dealer of manufactured homes shall warrant each new manufactured home sold in the State in accordance with the warranty requirements prescribed by this section for at least twelve months from the date of delivery or installation of the manufactured home to the consumer. The warranty requirements for each manufactured home manufacturer and manufactured home retail dealer of manufactured homes are as follows:
(1) The manufacturer warrants that:
(a) all structural elements, plumbing systems, heating, cooling, and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from substantial defect in material and workmanship;
(b) the manufactured home complies with this chapter and regulations promulgated under this chapter;
(c) all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery;
(d) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the division or by the consumer;
(e) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter;
(f) repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later.
(2) The manufactured home retail dealer warrants that:
(a) all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and do not bring the manufactured home out of compliance with the standards; and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment;
(b) appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the division or by the consumer;
(c) repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later;
(d) the setup operations performed by the dealer on the manufactured home must be performed in compliance with applicable federal or state law; regulations or standards for the installation of manufactured homes and during the course of setup and transportation of the manufactured home by the manufactured home retail dealer, substantial defects do not occur;
(e) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification.
(B) A manufactured home contractor, installer, or repairer shall warrant his work for a period of twelve months from completion of the work as follows:
(1) the contractor warrants that:
(a) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes and that his performance will not cause substantial defects in the home;
(b) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards and that his performance will not cause substantial defects in the home;
(2) the installer warrants that:
(a) installation is performed in compliance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;
(b) his performance will not cause substantial defects in the home;
(3) the repairer warrants that:
(a) all modifications, alterations, and repairs are performed in compliance with applicable state or federal law, regulations, or standards for the modification or repair of manufactured homes;
(b) his performance will not cause a substantial defect in the home.
Section 40-29-180. Time for remedying defect.
A substantial defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless the claim is unreasonable or bona fide reasons exist for not remedying the defect within the thirty-day period. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of the written notification of the warranty claim. An imminent safety hazard to life and health includes, but is not limited to:
(1) inadequate heating in freezing weather;
(2) failure of sanitary facilities;
(3) electrical shock;
(4) leaking gas; or
(5) major structural failure.
The board may suspend this five-day time period in the event of widespread defects or damage resulting from adverse weather conditions or other natural catastrophes.
Section 40-29-200. Board to act as state administrative agency for certain purposes; dealers, representatives, or retail salesmen not to enforce federal act.
The board may carry out the responsibilities as the state administrative agency for South Carolina of the Construction and Safety Standards Act. The manufactured home retail dealer, the manufactured home representative, and the manufactured home retail salesman do not enforce the federal act, to ensure no conflict of interest.
Section 40-29-210. Board to handle consumer complaints; inspection and monitoring manufacturers; fire prevention concerns.
The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act, standards and regulations. As part of this responsibility, the manufactured home manufacturers must be inspected and monitored for compliance with federal manufactured home standards and regulations. In the conduct of its responsibilities under this section, the board shall recognize the need for life safety requirements as a part of its general oversight function and shall receive advice in the life safety area from the State Fire Marshal to insure that fire prevention is a part of the overall program under the terms of this chapter.
Section 40-29-220. Authority of board to inspect.
The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment, in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Standard Act and the regulations of the board have been and are being met.
Section 40-29-230. Record keeping requirements of manufacturers, distributors, and dealers.
Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or the Construction and Safety Standards Act and upon request of a person appointed by the administrator or the secretary shall permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter.
Section 40-29-240. Prohibited acts; civil penalties; application.
(A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for a related series of violations occurring within one year from the date of the first violation. No person may:
(1) manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the State a manufactured home which is manufactured on or after the effective date of an applicable Construction and Safety Standards Act which does not comply with the standard;
(2) fail or refuse to permit access to or copying records, or fail to make reports or provide information; or fail or refuse to permit entry or inspection as required by Sections 40-29-220 and 40-29-230;
(3) fail to furnish notification of a defect as required by 42 U.S.C. 5414;
(4) fail to issue a certification required by 42 U.S.C. 5415 or issue a certification to the effect that a manufactured home conforms to all applicable Construction and Safety Standards, if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(5) fail to establish and maintain records, make reports, and provide information as the board reasonably may require to enable it to determine whether there is compliance with the Construction and Safety Standards Act; or fail to permit, upon request of a person duly authorized by the board, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the Construction and Safety Standards Act;
(6) issue a certification pursuant to 42 U.S.C. 5403(a) if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect.
(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-85.
(B) Subsection (A)(1) does not apply to the sale or the offer for sale of a manufactured home after the first purchase of it in good faith for purposes other than resale.
(C) Subsection (A)(1) does not apply to a person who establishes that he did not have reason to know in the exercise of due care that a manufactured home is not in conformity with applicable Construction and Safety Standards Act, or a person who, before the first purchase, holds a certificate by the manufacturer or importer of a manufactured home to the effect that the manufactured home conforms to all applicable construction and safety standards, unless the person knows that the manufactured home does not so conform.
Section 40-29-250. Criminal penalties.
A person or officer, director, or agent of a corporation who wilfully or knowingly violates any of the provisions enumerated in state law, in any manner which threatens the health or safety of a purchaser is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both.
Section 40-29-260. Hearings and presentations.
The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function.
Section 40-29-270. Disposition of fees and penalties.
All penalties or fees collected under the provisions of this chapter must be deposited in the general fund.
Section 40-29-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the regulation of manufactured home manufacturers, manufactured home retail dealers, manufactured home sales persons, and manufactured home contractors, installers, and repairers. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-29-10. (A) There is created the South Carolina Manufactured Housing Board. It is composed of ten members who must be residents of South Carolina appointed by the Governor for terms of four years and until their successors are appointed and qualify. Members shall serve terms of four years and may only serve two consecutive four year terms, except for the manufactured housing manufacturer. The board shall include:
(1) a manufactured home retail dealer owner;
(2) a representative of the fire and casualty insurance industry;
(3) a full time employee of a fire department;
(4) a manufactured home manufacturer;
(5) a representative of the banking and finance industry;
(6) a registered professional engineer;
(7) a licensed manufactured home contractor, installer, or repairer;
(8) one member from the general public who must not be associated with any of the industries represented on the board;
(9) a member from the general public who currently resides in a manufactured home; and
(10) a manufactured home retail salesman.
The State Fire Marshal shall serve on the board, ex officio, as a nonvoting consultant.
(B) The board shall meet on a regular basis. The board shall provide notice to interested members of the public of its scheduled and special meetings. A member of the board may not participate in any proceeding before the board involving his licensed business.
(C) A majority of the board may petition the Governor to remove and replace a member of the board for cause that includes, but is not limited to:
(5) 'Defect' includes a defect in the performance, construction, components, or material of a manufactured home that renders the home or any part of the home not fit for the ordinary use for which it was intended.
(8) 'Install/installed' means the operations performed at the occupancy site which render a manufactured home fit for habitation. These operations include, but are not limited to, positioning, blocking, leveling, supporting, tying down, connecting utility systems, and assembling multiple or expandable units.
(9) 'Manufactured home' means a structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained in the manufactured home.
(13) 'Manufactured home retail dealer' means a person engaged in the business of buying, selling, offering for sale or dealing in manufactured homes or offering for display manufactured homes for sale in South Carolina. A person who buys, sells, or deals in two or more manufactured homes in any twelve-month period or who offers or displays for sale two or more manufactured homes in a twelve-month period is considered a manufactured home retail dealer. 'Selling' and 'sale' include lease-purchase transactions. 'Manufactured home retail dealer' does not include banks and finance companies that acquire manufactured homes as an incident to their regular business, if no more than four homes are acquired in any twelve-month period for sale, exchange, or transfer; however, if more than four are acquired, the sale, exchange or transfer of these homes must be conducted in accordance with Section 40-29-220(H).
(14) 'Manufactured home manufacturer' means a person, resident, or nonresident who designs, constructs, or produces manufactured homes.
(17) 'Secretary' means the Secretary of Housing and Urban Development.
(18) 'Standard' means the appropriate standards adopted by this State and established by the Department of Housing and Urban Development pursuant to the Federal Manufactured Housing Construction and Safety Standards Act of 1974 for single family manufactured homes.
(19) 'State Administrative Agency' or 'SAA' means the agency of the State which has been approved to carry out the state plan and to enforce the National Manufactured Housing Construction and Safety Standards Act within South Carolina.
Section 40-29-30. (A) A person may not engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, or manufactured home manufacturer in this State without being licensed by the board. A manufactured home contractor may not install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. A manufactured home installer may not install manufactured housing without being licensed by the board. A manufactured home repairer may not modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without holding a license issued or recognized by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board.
(B) A person engaging in or offering to engage in any activity for which a license is required by this chapter without having first obtained the requisite license is subject to an administrative penalty. The person must be issued a citation directing him to appear before an agent of the board appointed to act as the administrative hearing officer. An administrative penalty not to exceed five hundred dollars for each violation may be imposed. The person to whom a citation has been issued may forfeit appearance by payment of the imposed administrative penalty. Upon appearance, if it is determined that an administrative penalty must be imposed, the person cited may appeal the decision to the board. The request for appeal must be in writing within fifteen days after the ruling.
Section 40-29-40. Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45.
Section 40-29-50. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
Section 40-29-60. The board shall annually elect by majority vote a chairman and vice-chairman from its membership. Not more than one individual associated with the manufactured housing industry may hold the position of chairman or vice-chairman at the same time.
(3) adopt regulations relating to the construction, repair, modification, installation, tie down, and sale of all manufactured homes. These regulations must be uniform throughout the State and enforced by inspectors for the board;
(4) adopt by regulation the standards contained in the Construction and Safety Standards Act;
(5) adopt by regulation the manufactured home procedural and enforcement regulations of 24 C.F.R. 3282, as amended, promulgated by the Department of Housing and Urban Development pursuant to the Construction and Safety Standards Act;
(6) enter into cooperative agreements with federal agencies relating to manufactured housing and accept and use federal grants, matching funds, or other financial assistance to further the purposes of this chapter;
(7) adopt regulations for conducting hearings and the presentation of views, consistent with the regulations promulgated by the Department of Housing and Urban Development, 24 C.F.R. 3282.151 through 3282.156, as amended;
(8) provide for examinations for licensure under the classifications sought by the applicant and establish and collect fees;
(9) prescribe the form of license which must have the seal of the office printed on the license; and
(10) adopt a schedule of fees in regulation; however, fees for examinations are not required to be established in regulation.
Section 40-29-80. The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
Section 40-29-90. (A) A licensee who violates a provision of this chapter or regulation pertaining to warranty requirements, deposits, or recision of contracts shall appear upon citation by the board before an agent of the board appointed to act as administrative hearing officer for a hearing. Upon the finding of a violation, the hearing officer may:
(1) for a first offense, impose a fine of not more than five hundred dollars or suspend the license for not more than thirty days, or both;
(2) for a second offense, impose a fine of not more than one thousand dollars or suspend the license for not more than sixty days, or both;
(3) for a third offense, impose a fine of not more two thousand dollars or suspend the license for not more than ninety days, or both.
(B) The licensee must be given at least thirty days notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the administrative hearing officer may appeal to the board within fifteen days after the ruling. The request for appeal must be in writing. The board shall state in writing its findings and determinations in its decision in the matter on appeal. Appeals from the decision of the board may be made to an administrative law judge pursuant to the Administrative Procedures Act.
(C) A licensee who violates any provision of this chapter or regulations promulgated by its authority or who accumulates three or more warranty or contract violations which have not been corrected within the prescribed time upon citation of the board shall appear before the board for a hearing. Upon the finding of such a violation, the board may:
(1) impose a fine of not more than two thousand five hundred dollars or suspend or revoke the license for not more than one year;
(2) order an increase in surety bonding or other approved security requirements.
The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge pursuant to the Administrative Procedures Act. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.
(D) The board may conduct hearings and presentations of views consistent with regulations adopted by the United States Department of Housing and Urban Development and adopt regulations necessary to carry out this function.
Section 40-29-100. In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-29-110. The board may suspend for a determinate period, revoke, or otherwise restrict a license issued to a licensee or authorized official under the provisions of this chapter for:
(3) misrepresentation or omission of a material fact by the applicant in obtaining a license;
(9) employment of fraudulent devices, methods, or practices in connection with compliance with the requirements of this chapter;
(13) having knowingly failed or refused to account for or to pay over funds or other valuables belonging to others which have come into the licensee's possession arising out of the sale of manufactured homes;
(14) failing to appear before the board upon proper notice or to follow directives of the board;
(16) employing unlicensed retail salesmen or knowingly contracting with an unlicensed manufactured home contractor, installer, or repairer;
(18) conviction of a felony or other crime of moral turpitude.
Section 40-29-115. The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-29-120. In addition to the sanctions the board may impose against a person pursuant to Section 40-29-110 the board may take disciplinary action as provided for in Section 40-1-120.
Section 40-29-130. As provided for in Section 40-1-130 the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-29-140. A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
Section 40-29-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-29-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.
Section 40-29-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required by the board to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-29-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-29-190. Investigations conducted under the provisions of this chapter may be confidential and all communications are privileged as provided for in Section 41-1-190.
Section 40-29-200. A person who knowingly violates the provisions of this chapter or regulations promulgated under this chapter and thereby threatens the health or safety of a purchaser is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than two years, or both.
Section 40-29-210. (A) A person who violates any of the following provisions relating to manufactured homes or regulations promulgated by the board is liable for a civil penalty not to exceed one thousand dollars for each violation. Each violation constitutes a separate violation with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for a related series of violations occurring within one year from the date of the first violation. A person may not:
(1) manufacture for sale or lease, sell, offer for sale or lease or introduce, deliver, or import into the State a manufactured home which is manufactured on or after the effective date of the Construction and Safety Standards Act which does not comply with the standard;
(2) fail or refuse to permit access to or copy of records; fail to make reports or provide information; or fail or refuse to permit entry or inspection as required by Sections 40-29-350 and 40-29-360;
(5) fail to establish and maintain records, make reports, and provide information as the board reasonably may require to enable it to determine whether there is compliance with the Construction and Safety Standards Act; or fail to permit, upon request of a person authorized by the board, inspection of appropriate books, papers, records, and documents relative to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the Construction and Safety Standards Act;
(6) issue a certification pursuant to 42 U.S.C. 5403(a) if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect;
(7) fail to properly and prominently display the energy efficiency label required by Section 40-29-380.
(B) Subsection (A)(1) does not apply to:
(1) the sale or the offer for sale of a manufactured home after the first purchase of it in good faith for purposes other than resale.
(2) a person who establishes that he did not have reason to know in the exercise of due care that a manufactured home is not in conformity with the Construction and Safety Standards Act or a person who, before the first purchase, holds a certificate by the manufacturer or importer of a manufactured home to the effect that the manufactured home conforms to all applicable construction and safety standards, unless the person knows that the manufactured home does not conform.
Section 40-29-220. (A) A license must be granted or refused within thirty days after proper and complete application. All licenses expire June thirtieth of each even numbered year following the date of issue, unless sooner revoked or suspended.
(B) An applicant for licensure shall:
(4) if a corporation, have complied with state laws regarding qualification for doing business in this State or have been incorporated in this State and have and maintain a registered agent and a registered office in this State;
(5) submit proof of registration with the Department of Revenue and submit a current tax identification number;
(6) where applicable, pass an examination administered by the board or its designated test provider in the license classification for which application is made;
(C) A license is not required for a licensed real estate salesman or licensed real estate broker who negotiates for sale or sells a manufactured home for an individual who is the owner of not more than two manufactured homes.
(D) A license must be issued in only one person's name and that person may be the individual owner, stockholder, copartner, manufactured home retail salesman, manufactured home retail dealer, or other entity required to be licensed. A manufactured home retail dealer and manufactured home manufacturer shall conspicuously display the licenses in the established place of business. All manufactured home retail salesmen, manufactured home contractors, installers, and repairers shall carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request.
(E) The board may deny a license to an applicant who submits an application meeting the requirements of this chapter if the applicant has been convicted in a court of competent jurisdiction of a felony or an offense involving moral turpitude.
(F) No person may be issued a license as a manufactured home retail dealer unless the person can show proof satisfactory to the board of two years' experience in the manufactured home industry or other relevant experience acceptable to the board.
(G) Notwithstanding any other provision of law, the board may not grant reciprocity or issue a license to an applicant:
(a) whose license in another state is currently restricted in any way, including probationary or other conditions, or was surrendered in lieu of disciplinary action, or was revoked;
(b) who has disciplinary action pending against him in another state; or
(c) who is currently under sentence, including probation or parole, for a felony, crime of moral turpitude, or other criminal violation related to any aspect of the business of manufactured housing.
(H) A holder of a lien on a manufactured home who sells, exchanges, or transfers by lease-purchase a repossessed manufactured home, subject to the lien, is not subject to the provision of this chapter if the sale, exchange, or transfer is through a licensed manufactured home retail dealer who has entered into a contract with the lienholder for the sale, exchange, or transfer of the home. The contract between the lienholder and the manufactured home retail dealer must be in a form adopted by the board.
Section 40-29-230. (A) As a condition of licensure, an applicant shall submit to an examination which must be conducted by the board or its designated test provider. The applicant must receive a passing grade on the examination, in accordance with a cut-score determination established by the department. An applicant who fails an examination may reapply.
(B) The department or test provider is authorized to collect and retain reasonable examination fees, to be established by the board. An applicant for an examination to be conducted by a test provider shall pay the fee directly to the test provider.
(C) A license may not be issued to a manufactured home dealer unless the board is satisfied that the authorized official, stockholder, copartner, or manufactured home salesman authorized to sell by authority of the dealer license has passed the appropriate examination.
(D) No manufactured home contractor, installer, or repairer may be issued a license until the person or representative of the entity successfully completes any training prescribed by the board.
Section 40-29-240. If a license lapses over six months, in order to be relicensed the applicant must be examined or reexamined before issuance of the license.
Section 40-29-250. (A) At the time of making application, all licensees for a manufactured housing license shall furnish a corporate surety bond or other security in the form prescribed by the board for the license term outlined in Section 40-29-220, in the following amounts:
(2) for a manufactured home retail dealer, twenty-five thousand dollars for each location;
(B)(1) The surety bond or other approved security must be made payable to the board and claims may be initiated only through the complaint process provided by the board. Claims are limited to the reasons stated in this section and are for actual damages and do not include attorneys' fees or punitive damages.
(2) At the beginning of each subsequent license renewal period, a continuation certificate or proof of surety bond coverage or other approved security through the license renewal period must be delivered to the board with the application and fee.
(3) The board, upon a finding of a violation by a licensee, may further require the licensee to increase the amount of a surety bond or other approved security. An increase must be proportioned to the seriousness of the offense or the repeat nature of the licensee's violations; however, the total amount may not exceed an additional seventy-five thousand dollars for manufacturers, fifty thousand dollars for dealers, twenty thousand dollars for salespersons, and ten thousand dollars for manufactured home contractors, installers, and repairers. The board, after one year, may reduce an increased surety bond or other approved security when satisfied that violations have been cured by appropriate corrective action and that the licensee is otherwise in good standing. The bonds must not be reduced below amounts provided in this section.
(4) The surety bond or other approved security may not be released by the board until all claims and complaints against the licensee have been finally resolved or until three years after the licensee has ceased doing business in this State, whichever period is later.
(6) The board may file claims against a licensee's surety bond or other approved security and indemnify a consumer for losses to the limit of the surety bond or other approved security for damages resulting from the licensee's violation of this chapter or a regulation promulgated under this chapter or from fraud, misrepresentation, making of false promises, or the refusal, failure, or inability to transfer good and sufficient legal title.
Section 40-29-260. (A) If repair work is required on the consumer's home and the manufacturer, dealer, or manufactured home contractor, installer, or repairer is unavailable to perform the repairs or has not performed within the guidelines issued by the board, the board, through its staff, shall direct the consumer to obtain at least three bids for performance of the work. The board shall select a bidder to perform the repair work. Payment from the surety bond or other approved security must be authorized by the board only after an affidavit releasing the manufacturer or dealer from further obligation for repair or replacement of the items for which work was conducted is signed and delivered to the board office by the consumer.
(B) If reimbursement to a consumer for repairs, parts, or other work is requested in a complaint, the department, with the approval of the board, shall determine the reasonable value of the repairs, part, or work. The consumer may not be reimbursed from the surety bond or other approved security in an amount more than the reasonable value of the repairs, part, or work.
Section 40-29-270. A surety bond or other approved security issued for a manufactured home manufacturer, a manufactured home retail dealer, or a salesperson must be indemnity for a loss sustained by a consumer as a result of:
(1) a violation of a provision of this chapter or a regulation promulgated under this chapter;
(2) a violation of the written warranty or to fulfill warranty obligations as provided for in Section 40-29-280;
Section 40-29-280. (A) A manufactured home manufacturer warrants the following on each new manufactured home sold in the State for at least twelve months from the date of delivery or installation of the manufactured home to the consumer:
(1) all structural elements, plumbing systems, heating, cooling and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from defect in material and workmanship;
(2) the manufactured home complies with this chapter and regulations promulgated under this chapter;
(3) all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery;
(4) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the department or by the consumer;
(5) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter;
(6) repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later.
(B) A manufactured home retail dealer warrants the following on each new manufactured home sold in the State for at least twelve months from the date of delivery or installation of the manufactured home to the consumer:
(1) all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and does not bring the manufactured home out of compliance with the standards; and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment;
(2) appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the department or by the consumer;
(3) repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later;
(4) installation performed by the dealer on the manufactured home must be performed in compliance with applicable federal or state law, regulations or standards for the installation of manufactured homes and during the course of installation and transportation of the manufactured home by the manufactured home retail dealer, defects do not occur;
(5) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification.
(C) For twelve months from completion of the work:
(1) a contractor warrants that:
(a) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes and that his performance will not cause defects in the home;
(b) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards and that his performance will not cause defects in the home;
(2) an installer warrants that:
(b) his performance will not cause defects in the home;
(3) a repairer warrants that:
(c) repair work is warranted for ninety days from completion of the work unless the period is extended by written agreement;
(4) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home contractor, installer, or repairer by the department or by the consumer.
Section 40-29-290. A defect must be remedied within thirty days of receipt of the written notification of the warranty claim, unless additional time is granted by the board. Defects which constitute an imminent safety hazard to life and health must be remedied within five working days of receipt of the written notification of the warranty claim. An imminent safety hazard to life and health includes, but is not limited to:
Section 40-29-300. If the new manufactured home is moved from the initial installation site during the term of the warranty period, the new home warranty does not apply to a defect or damage caused by the move. Conspicuous notice of this section must be given to the customer at the time of the sale.
Section 40-29-310. The board may carry out the responsibilities of the Construction and Safety Standards Act as the state administrative agency for South Carolina.
Section 40-29-320. The board shall oversee the handling of manufactured home consumer complaints that may be due to electrical, mechanical, or structural defects or nonconformances to the Construction and Safety Standards Act, standards, and regulations. In carrying out this responsibility, the manufactured home manufacturers must be inspected and monitored for compliance with federal manufactured home standards and regulations. In carrying out its responsibilities under this section, the board shall obtain advice in the life safety area from the State Fire Marshal to insure that fire prevention is a part of the overall program under the terms of this chapter.
Section 40-29-330. The board, by its authorized representatives, may enter, at reasonable times, a factory, warehouse, or establishment, in which manufactured homes are manufactured, stored, or held for sale for the purpose of ascertaining whether the requirements of the Construction and Safety Standards Act and the regulations of the board have been and are being met.
Section 40-29-340. Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports, and provide information as the SAA administrator or the secretary may require to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter and the Construction and Safety Standards Act and upon request of a person appointed by the administrator or the secretary shall permit the person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter. Purchase agreements used by retail dealers for the sale of new or used manufactured homes must be standard and in a form prescribed by the board.
Section 40-29-350. Manufactured homes, and their integral parts, because of the manner of their construction, assembly, and use and that of their systems, components, and appliances including, but not limited to, heating, plumbing, and electrical systems, like other finished products having concealed vital parts, may present hazards to the life and safety of persons and to the safety of property unless properly manufactured. In the sale of manufactured homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards and for that purpose to forbid the manufacture and sale of new manufactured homes which are not so constructed as to provide safety and protection to their owners and users and further to provide that the business practices of the industry are fair and orderly.
Section 40-29-360. No person may sell or offer for sale a manufactured home manufactured after June 15, 1976, unless its components, systems, and appliances meet the criteria of compliance with the Construction and Safety Standards Act and have been properly certified by the Department of Housing and Urban Development.
Section 40-29-370. A manufactured home unit bearing a label issued by the Department of Housing and Urban Development is acceptable throughout the State as meeting the requirements of this chapter or regulations promulgated under this chapter. Municipalities and counties may establish a fee for inspection of installation not to exceed one hundred dollars. Installation must be in accordance with the manufacturer's installation manual or the regulations established by this chapter. An installation regulation or standard may not be enforced except those adopted by the board in conformity with the Construction and Safety Standards Act or adopted by a local authority to comply with the provisions of federal law for flood plain management.
Section 40-29-380. The State Energy Office must design and produce energy efficiency labels and notices and provide these labels and notices to manufactured housing manufacturers upon request. Energy efficiency labels must be permanently affixed to the electrical panel and the notices must be affixed to the inside of the window closest to the front door. Energy efficiency labels and notices must be affixed by the manufacturer on new homes only and at the place and time of production. Energy efficiency labels and notices must not be affixed at any location other than the point of manufacture. By affixing an energy efficiency label and notice, the manufacturer certifies that the manufactured home meets or exceeds the energy requirements provided for in section 12-36-2110 (B). Only the consumer may remove the notice.
Section 40-29-390. In municipalities and counties where electrical inspections are provided, proof of inspection of electrical service from the meter base to the main panel of the home must be obtained by the home owner and submitted to the supplier of electricity before an electrical connection may occur.
Section 40-29-400. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
B. This section takes effect upon approval by the Governor./
Senator McCONNELL explained the amendment.
Senator THOMAS spoke on the amendment.
On motion of Senator THOMAS, the Bill was carried over.
RETURNED FROM THE HOUSE WITH AMENDMENTS
HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS
S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
Senators J. VERNE SMITH, RANKIN and PASSAILAIGUE proposed the following amendment (1012R005.JVS), which was adopted:
Amend the bill, as and if amended, in Section 61-6-2010(C), as contained in SECTION 1, page 3, line 18, by striking / five / and inserting:
/ ten /.
Amend the bill further, as and if amended, page 4, line 5, by adding the following:
/ (D) Through the State Aid to Subdivisions authorized by Chapter 27 of Title 6, the State shall reimburse the county, municipality or base redevelopment authority for any loss of revenue to the county, municipality or base redevelopment authority caused by the election of the annual permit option authorized in subsection (A)." /
Senator J. VERNE SMITH explained the amendment.
The Bill was returned to the House with amendments.
S. 1012--CONFERENCE COMMITTEE APPOINTED
S. 1012 (Word version) -- Senators J. Verne Smith, Fair and Anderson: A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM SO AS TO INCREASE FROM TWENTY-FIVE HUNDRED TO TEN THOUSAND THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.
On motion of Senator J. VERNE SMITH, the Senate insisted upon its amendments to S. 1012 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators J. VERNE SMITH, HAYES and FAIR to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. Easterday, F. Smith and Scott to the Committee of Conference on the part of the House on:
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 3 (Word version) -- Senators Rankin, Elliott, Moore, Drummond, Holland, Saleeby, J. Verne Smith, Land, Setzler, Leventis, Bryan, Matthews, Patterson, McGill, O'Dell, Passailaigue, Washington, Reese, Ford, Glover, Jackson, Lander, Short, Hutto, Anderson, Elliott, Ryberg, Giese, Wilson, Fair, Hayes, Leatherman and Russell: A BILL TO AMEND CHAPTER 19, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING SECTION 16-19-180 SO AS TO PROHIBIT THE OPERATION OF CASINO GAMBLING ON BOATS, SHIPS, OR OTHER WATERCRAFT WHICH EMBARK, SAIL, AND DISEMBARK WITHIN SOUTH CAROLINA'S BORDERS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 10 (JUD0003.016) proposed by Senator RANKIN and previously printed in the Journal of Tuesday, May 30, 2000.
On motion of Senator MOORE, the Bill was carried over.
With unanimous consent, Senator ELLIOTT spoke on the Bill.
Remarks by Senator ELLIOTT
Thank you Mr. PRESIDENT and members of the Senate.
At the end of this year, I will have completed 18 years of service in the South Carolina General Assembly - 10 in the South Carolina House of Representatives and 7 1/2 in the South Carolina State Senate.
It has been a wonderful experience for me. There have been some great times, good times and some bad times. One of the most frustrating things throughout the years has been the failure of this body to come to grips with casino boat gambling in South Carolina. An issue that 15 months ago a vast majority of the members of this Senate signed on to address. I do not know of any Senator in this body that has had a question that would deeply impact our community and State as this Bill potentially has on the tourism economy in the Grand Strand area and, in fact, affecting all of South Carolina.
I understand the individuals who have a differing view and really support casino boat gambling, and I respect their view. However, I would be remiss if I left here today and did not defend my home community as being a place that many of us have labored for decades to build into a quality, family beach setting where vacationers could come without fear and without exposing their families and children to all of the undesirable elements that - in some cases - have been alluded to that we currently have on the Grand Strand.
Let me tell you all and assure you all that this is not the heartbeat and conscience of the vast majority of the people who live, work and who are retired along the Grand Strand. By and large a Christian community, these church going people prefer not to have the strip joints, the casino boat gambling and the other undesirable activities in our community. We have not been able to stop them or prevent them, because of the constitutional question in many cases. If we could control these things from a local level, I am sure that all of us - Democrats, Republicans, the Solicitors Office and everyone across the board - would rapidly band together to quickly extinguish all of these undesirable elements in our community. Unfortunately, these decisions have always rested with the courts and beyond our local control.
Let me also say that I appreciate the effort of many Senators to try and help with this matter. We have given the Charleston Delegation our dead level best hand in cooperation not to do anything to destroy their fledgling industry of the cruise ships that come in and out of Charleston. Many of us have been on those cruise ships, and we think that they are positive elements in any community. It is distressing to those of us who care about the future of our own community and State when you approach the Grand Strand and see billboards advertising casino boat gambling. I think this is detestable and deplorable. It is not the kind of community that we advertise and spend hundreds of millions of dollars annually to promote a clean and safe beach and a family beach setting where anyone can come and enjoy. To the Senators of Charleston, you will have your ongoing Carnival cruises, but I regret that we cannot reach a compromise where we can give you that industry and at the same time purge our community of one of the most undesirable elements that has reached our shores in many a decade.
Mr. PRESIDENT and members of the Senate, I wanted to say these things to get them off of my conscience and respect all of those that differ from these views. It is regrettable and unfortunate that this Senate has failed to address this great issue which affects the quality of my community and this State.
On motion of Senator COURSON, with unanimous consent, ordered printed in the Journal.
H. 4911 (Word version) -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-702 SO AS TO DESIGNATE THE TAPESTRY "FROM THE MOUNTAINS TO THE SEA" AS THE OFFICIAL STATE TAPESTRY.
Senator HUTTO proposed the following amendment (4911R001.CBH):
/ SECTION ___. Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 1-1-701. The 'Carolina Wolf Spider', Hogna carolinensis, is designated as the official state spider." /
Senator HUTTO explained the amendment.
On motion of Senator RYBERG, the Bill was carried over.
SECOND READING BILL
The following Joint Resolution, having been read the second time, was ordered placed on the third reading Calendar:
H. 5096 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4434 (Word version) -- Reps. Haskins, Barrett, Cato, Fleming, Keegan, Littlejohn, Loftis, Phillips, Riser, Robinson and Taylor: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO PROVIDE THAT NEITHER THE UNITED STATES SUPREME COURT NOR ANY INFERIOR COURT OF THE UNITED STATES HAS THE POWER TO INSTRUCT OR ORDER A STATE OR ITS POLITICAL SUBDIVISION OR OFFICIAL OF THE STATE OR SUBDIVISION TO LEVY OR INCREASE TAXES.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator MOORE, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.
H. 3649 (Word version) -- Rep. Tripp: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "NEW JOB" FOR PURPOSES OF CLAIMING THE JOB TAX CREDIT, SO AS TO INCLUDE A JOB REINSTATED AFTER THE EMPLOYER HAS REBUILT A FACILITY DUE TO INVOLUNTARY CONVERSION, BY EMINENT DOMAIN OR CONDEMNATION, OF A PRIOR EXISTING FACILITY; AND TO AMEND SECTIONS 12-10-30, AS AMENDED, AND 12-10-35, BOTH RELATING TO QUALIFICATION OF A BUSINESS PURSUANT TO THE ENTERPRISE ZONE ACT OF 1995, SO AS TO CONFORM CRITERIA TO INCLUDE THE DEFINITION OF "NEW JOB" AS A JOB CREATED OR REINSTATED PURSUANT TO SECTION 12-6-3360.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 10 (GGS\22676CM00) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Thursday, May 25, 2000.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 10 was withdrawn.
Amendment No. 18
Senator BRYAN proposed the following amendment (3649R010.JEB), which was adopted:
Amend the bill, as and if amended, page 49, beginning on line 26, by striking SECTION 28 in its entirety.
At 12:15 P.M., on motion of Senator PASSAILAIGUE, the Senate receded from business not to exceed fifteen minutes.
At 12:37 P.M., the Senate resumed.
On motion of Senator MOORE, with unanimous consent, the Senate agreed to revert to the Motion Period.
THE SENATE REVERTED TO THE MOTION PERIOD.
Senator MOORE asked unanimous consent to make a motion that, when the Senate adjourns today, it stand adjourned to meet in Statewide Session on Tuesday, June 6, 2000, at 12:00 Noon, if a Sine Die resolution was not adopted.
There was no objection and the motion was adopted.
At 12:35 P.M., on motion of Senator MOORE, the Senate receded from business until 2:30 P.M.
The Senate reassembled, at 2:33 P.M., and was called to order by the PRESIDENT.
At 2:34 P.M., on motion of Senator MARTIN, the Senate receded from business not to exceed ten minutes.
At 2:44 P.M., the Senate resumed.
by Alex Biller
Third Grade, Summerville Elementary School
To have the joy and freedom that an American has, some people will never know. This is how it feels to be an American citizen.
It's great to be an American. We have a free country. There is no more slavery in America. We are all respected and all people are treated equally. People in American can worship God in any way they choose.
All of our ancestors have something in common. They all came from different countries. They also traveled a great distance to come here. They also came to the New World for the same reason, to find a better life and for religious freedom.
In America there are no kings or queens or princes or princesses. Instead, we have presidents. People aren't born presidents. They are elected. The public elects the president. Everyone's vote counts. Anyone who wants to be a president can certainly try.
People who live in America are Americans, not Americant's.
WHAT IT MEANS TO BE AN AMERICAN
by Rebekah Phillips
Fourth Grade, Summerville Elementary School
What it means to be an American for one thing is freedom. One very important freedom is being able to worship who and where you want. I like the fact that I can go to whatever church I like and talk about going to church. I like being able to travel wherever I want. In some countries, you can only travel after getting permission from the government. I think it would be very sad if someone in your family was sick and you couldn't even go to be with them. American people won some of their freedoms by fighting wars. Some Americans paid the largest price for freedom with their lives.
In America, you can become whatever you like, as long as you are qualified and are willing to work hard. If you are poor and don't have much money, you can get a loan from the government to go to school. In America, people can have (their) own business if they are willing to work long hours. One thing about being an American is we have opportunities to buy whatever is legal. I am thankful for these opportunities. I am thankful that I am an American.
by Jake Bertram
Fifth Grade, Summerville Elementary School
Whenever I think of our great United States, many American symbols come to mind: Our Capitol Building, in Washington, DC, the Bald Eagle, the Pledge of Allegiance, our National Anthem and, of course, the "Stars and Stripes". When I look at our flag, feelings of pride and patriotism make me think of the rights all citizens have.
In America, everyone is equal, and because of that we can all dream of our futures. Another great right is that we are all entitled to an education. An education can take you anywhere. That leads me to our right of free travel. There are no border patrols or armed guards here to keep us from moving about our country or limit our travel abroad. We can worship the way we want to and speak our mind without fear of being persecuted. And finally, one of our most important rights is the right to vote. But along with that right comes the responsibility to vote.
So, the next time you exercise these rights as an American, remember to thank the men and women who fought to make our country great.
On motion of Senator BRANTON, ordered printed in the Journal.
S. 1008 (Word version) -- Senators Holland and Hutto: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A LICENSE HAS BEEN CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE MAGISTRATE COURTS WITH EXCLUSIVE JURISDICTION IN ALL CASES INVOLVING DRIVING UNDER SUSPENSION EXCEPT THOSE CASES WHERE THE SUSPENSION RESULTED FROM A CONVICTION FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND TO INCREASE PENALTIES; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT, SO AS TO PROVIDE THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE RETAINS SUPERVISION OVER THE TRANSFERRED CASES; AND TO ADD SECTION 24-3-965, SO AS TO PROVIDE THE OFFENSES OF PROVIDING CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, TO PRISONERS AND OF POSSESSION OF CONTRABAND, OTHER THAN WEAPONS OR ILLEGAL DRUGS, BY PRISONERS MUST BE TRIED EXCLUSIVELY IN THE MAGISTRATE'S COURT.
Senators HOLLAND and HUTTO proposed the following amendment (SKB\18541SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 56-1-460 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-460. (A) (1) Except as provided in subitem (2), A a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:
(a) for a first offense, be fined two hundred dollars or imprisoned for thirty days, or both; for the first violation,
(b) for the a second violation offense, fined five hundred dollars and imprisoned for sixty consecutive days, or both; and
(c) for the a third and subsequent violation offense, imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court.
(2) A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:
(a) for a first offense, imprisoned for not less than ten nor more than thirty days;
(b) for a second offense, imprisoned for not less than sixty days nor more than six months;
(c) for a third and subsequent offense, imprisoned for not less than six months nor more than three years.
No portion of the minimum sentence imposed under this subitem may be suspended.
(B) The department upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the department shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon for a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years." /
Senator HUTTO proposed the following Amendment No. 1 (SKB\18537SOM00), which was adopted:
Amend the bill, as and if amended, in Section 62-5-433(A)(1) as contained in SECTION 1, page [1291-1], line 32 by adding after / resides / :
/ or the circuit court in the county in which the suit is pending /
Amend the bill further, as and if amended, in Section 62-5-433(A)(1) as contained in SECTION 1, PAGE [1291-1], line 36 by adding after / resides / :
/ or the circuit court or probate court in the county in which the suit is pending /
Senator HAYES proposed the following Amendment No. 2 (1291R002.RWH), which was adopted:
Amend the bill, as and if amended, page 7, by striking lines 31-43 in their entirety.
Senator HAYES explained the amendment.
On motion of Senator LAND, the Senate insisted upon its amendments to H. 3649 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators LAND, MOORE and SETZLER to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. Harrell, Quinn and Kelley to the Committee of Conference on the part of the House on:
H. 4934 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 37-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE "STATE CONTINUING CARE RETIREMENT COMMUNITY ACT", SO AS TO REVISE THE DEFINITION OF "CONTINUING CARE CONTRACT" SUCH THAT ONLY THOSE COMMUNITIES THAT REQUIRE THE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE ARE SUBJECT TO THE PROVISIONS OF THE ACT; AND TO AMEND SECTION 37-11-135, RELATING TO EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT, SO AS TO EXEMPT CONTINUING CARE RETIREMENT COMMUNITIES FROM ALL PROVISIONS OF THE ACT IF PAYMENT OF AN ENTRANCE FEE IS NOT REQUIRED.
On motion of Senator REESE, the Senate insisted upon its amendments to H. 4934 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, REESE and RANKIN to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. M. Hines, Wilder and Kelley to the Committee of Conference on the part of the House on:
INTRODUCTION OF FURTHER RESOLUTIONS
S. 1430 (Word version) -- Senators Drummond and Holland: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 20, 2000, AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 22, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 22, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
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Be it resolved by the Senate, the House of Representatives concurring:
(1) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory Sine Die adjournment date for the General Assembly is changed and extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 1, 2000, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that, when the House of Representatives and Senate adjourn on Thursday, June 1, 2000, not later than 5:00 p.m., each house shall stand adjourned to meet in Statewide Session on Tuesday, June 20, 2000, at 12:00 p.m. and to continue in Statewide Session, if necessary, not later than 5:00 p.m. on Thursday, June 22, 2000, for the following matters and subject to the following conditions, as applicable:
(A) receipt and consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) consideration of resolutions affecting the Sine Die adjournment date;
(E) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(F) receipt and consideration of amendments on bills received from the other house including concurrence, nonconcurrence, and amendments thereto;
(G) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and receipt and consideration of messages pertaining to such reports and appointments;
(H) receipt and consideration of resolutions expressing sympathy or congratulations; and
(I) consideration of H. 4856.
(2) The PRESIDENT Pro Tempore of the Senate and Speaker of the House of Representatives may, if they agree upon a date and time, call the General Assembly into Statewide Session between June 1, 2000, and June 20, 2000, to consider any matters authorized under the terms of this resolution.
(3) Each house may also provide for Local Session days during the period between June 1, 2000, and June 20, 2000, for consideration of local legislation which has the unanimous consent of the affected delegation.
(4) The PRESIDENT or PRESIDENT Pro Tempore of the Senate and the Speaker of the House of Representatives may ratify acts at a mutually convenient time between June 1, 2000, and June 20, 2000.
(5) When each house adjourns not later than 5:00 p.m. on Thursday, June 22, 2000, the General Assembly shall stand adjourned Sine Die.
Senator MOORE asked unanimous consent to take up the Concurrent Resolution for immediate consideration.
Senator MOORE explained the Concurrent Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1431 (Word version) -- Senators Jackson and McConnell: A SENATE RESOLUTION TO HAVE A SUBCOMMITTEE OF THE SENATE BANKING AND INSURANCE COMMITTEE STUDY THE PROBLEMS ENCOUNTERED BY LOW INCOME BORROWERS SEEKING HOME EQUITY AND MORTGAGE LOANS, AND TO PROVIDE THAT THE SUBCOMMITTEE MAKE RECOMMENDATIONS TO THE SENATE REGARDING LEGISLATION TO REMEDY UNFAIR PREDATORY LENDING PRACTICES IN SOUTH CAROLINA.
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S. 1432 (Word version) -- Senators Moore, Ryberg, Setzler and Bryan: A SENATE RESOLUTION TO RECOGNIZE AND HONOR DR. WALTER GAMEWELL "CURLY" WATSON FOR HIS LIFETIME OF SERVICE TO THE MEDICAL PROFESSION AND TO THE STATE OF SOUTH CAROLINA.
S. 1433 (Word version) -- Senator Moore: A SENATE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE SOUTH CAROLINA SENATE UPON LEARNING OF THE DEATH OF JESSE KEY OF NORTH AUGUSTA AND EXTENDING THEIR SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5161 (Word version) -- Rep. Scott: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. ANDREW J. CHISHOM, PASTOR OF ZION CHAPEL BAPTIST CHURCH NO. 1 IN RICHLAND COUNTY FOR HIS TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP OF THIS GREAT HOUSE OF GOD.
H. 5162 (Word version) -- Reps. J.H. Neal, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J.M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D.C. Smith, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR MCKINLEY WASHINGTON, JR. ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO ALLENDALE, BEAUFORT, CHARLESTON, COLLETON, HAMPTON, AND JASPER COUNTIES AND THE STATE OF SOUTH CAROLINA.
H. 5165 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE COLEMAN L. BRAMLETT OF BISHOPVILLE.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
Senator ELLIOTT asked unanimous consent to take the Bill up for immediate consideration.
Senator LAND asked unanimous consent to take the Bill up for immediate consideration.
H. 3420 (Word version) -- Reps. Klauber, Campsen, Altman, Knotts, Hawkins, Loftis, Sandifer, Cooper, Woodrum, Lanford, Harrison, Fleming, Taylor, Young-Brickell, Limehouse, Vaughn, Rodgers, Chellis, Keegan, Barrett and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-125 SO AS TO PROVIDE THAT THE RIGHT OF THE STATE AND ITS POLITICAL SUBDIVISIONS TO SUE A FIREARMS MANUFACTURER, FIREARMS TRADE ASSOCIATION, OR FIREARMS DEALER ON BEHALF OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN CASES ARISING OUT OF OR RESULTING FROM THE LAWFUL DESIGN, MARKETING, OR SALE OF FIREARMS TO THE PUBLIC IS RESERVED TO THE STATE; AND BY ADDING SECTION 23-31-30 SO AS TO PROVIDE LIMITATIONS ON LIABILITY FOR PERSONS LICENSED UNDER THE UNITED STATES CODE, IN CASES ARISING FROM THE USE OF A FIREARM BY A PERSON OTHER THAN THE LICENSEE.
H. 4521 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 41-27-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "UNEMPLOYED" FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW AND THE REDUCTION OF UNEMPLOYMENT BENEFITS TO REFLECT PREVIOUS AND OTHER PAYMENTS ATTRIBUTABLE TO WORK, SO AS TO ELIMINATE ANY REDUCTION IN BENEFITS OF A BENEFICIARY RECEIVING SOCIAL SECURITY BENEFITS.
H. 4571 (Word version) -- Reps. Ott and Knotts: A BILL TO AMEND SECTION 50-13-1192, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES WHICH MAY BE USED IN CERTAIN BODIES OF FRESHWATER, SO AS TO REVISE THAT PORTION OF THE CONGAREE RIVER IN WHICH CERTAIN NONGAME FISHING DEVICES MAY BE USED AND TO PROVIDE FOR THE USE OF CERTAIN NONGAME FISHING DEVICES IN A PORTION OF THE CONGAREE RIVER.
H. 4616 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS OF THE STATE BOARD OF EDUCATION, SO AS TO PERMIT THE BOARD TO DESIGNATE A HEARING OFFICER AS WELL AS ONE OF ITS MEMBERS TO HOLD HEARINGS IN CONNECTION WITH ANY RESPONSIBILITY OF THE BOARD.
THE SENATE PROCEEDED TO THE SPECIAL ORDER.
H. 4703 (Word version) -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-100, RELATING TO WILDLIFE, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO INTENTIONALLY TAKE WILDLIFE INSIDE AN ENCLOSURE WHICH PREVENTS OR MATERIALLY IMPEDES THE FREE RANGE OF WILDLIFE; TO PROVIDE AN EXCEPTION FOR ENCLOSURES REGISTERED WITH THE DEPARTMENT OF NATURAL RESOURCES WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Senator McCONNELL spoke on the Bill.
At 3:15 P.M., on motion of Senator PEELER, with unanimous consent, the Senate receded from business not to exceed ten minutes, with Senator McCONNELL retaining the floor.
The Senate resumed consideration of H. 4703.
Senator LEVENTIS spoke on the Bill.
With Senator LEVENTIS retaining the floor, Senator McCONNELL was recognized to address brief remarks to the Senate.
Expression of Personal Interest
Senator McCONNELL rose for an Expression of Personal Interest.
Senator LEVENTIS resumed speaking on the Bill, H. 4703.
CO-SPONSOR ADDED
S. 856 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-85 SO AS TO ENDOW AN ENROLLEE OF A HEALTH MAINTENANCE ORGANIZATION WITH THE RIGHT TO INSTITUTE AND MAINTAIN A CIVIL ACTION FOR DAMAGES, OR AN ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF, OR BOTH SUCH ACTIONS, AGAINST HIS HEALTH MAINTENANCE ORGANIZATION FOR THE LATTER'S DENIAL OF, OR REFUSAL TO ALLOW, TREATMENT OR PAYMENT, OR BOTH, WITH RESPECT TO SERVICES OR COVERAGE INCLUDED IN THE EVIDENCE OF COVERAGE.
With Senator LEVENTIS retaining the floor, Senator MESCHER asked unanimous consent to make a motion to add his name as a co-sponsor of the Bill.
S. 963 (Word version) -- Senator Fair: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH MAINTENANCE ORGANIZATIONS, BY ADDING SECTION 38-33-330 SO AS TO PROVIDE THAT ONCE AN ENROLLEE HAS BEEN REFERRED TO A SPECIALIST OR OTHER HEALTH CARE PROVIDER IN A HEALTH CARE PLAN BY THEIR PRIMARY CARE PROVIDER, THE HEALTH MAINTENANCE ORGANIZATION AND THE HEALTH BENEFIT PLAN MUST ALLOW THAT SPECIALIST OR OTHER HEALTH CARE PROVIDER TO MAKE ADDITIONAL REFERRALS TO OTHER SPECIALISTS AND HEALTH CARE SERVICES AS NECESSARY AND PROPER FOR THE CARE AND TREATMENT OF THE ENROLLEE WITHOUT FURTHER REQUIREMENTS, AND TO PROVIDE FOR MEMBER NOTIFICATION OF PLAN PROVISIONS RELATING TO REFERRALS AS PROVIDED BY THIS SECTION.
Senator LEVENTIS continued speaking on the Bill, H. 4703.
S. 1321 (Word version) -- Senator Rankin: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT, BY ADDING CHAPTER 20, SO AS TO ENACT THE "LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT" BY PERMITTING LAW ENFORCEMENT AGENCIES OF THIS STATE TO ENTER INTO CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SUPPORT SERVICES UNDER CERTAIN CONDITIONS, TO REQUIRE THESE CONTRACTS TO INCLUDE CERTAIN PROVISIONS RELATING TO THE SERVICES PROVIDED, TO REQUIRE THAT OFFICERS OF THE LAW ENFORCEMENT PROVIDER BE UNDER THE IMMEDIATE CONTROL AND SUPERVISION OF THE CONTRACTING AGENCY, AND TO ALLOW THE GOVERNOR TO WAIVE THE CONTRACTUAL REQUIREMENTS OF THIS CHAPTER DURING A NATURAL DISASTER.
On motion of Senator RANKIN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
The House respectfully informs your Honorable Body that it has requested and been granted Free Conference Powers and has appointed Reps. Campsen, Bailey and Frye to the Committee of Free Conference on the part of the House on:
H. 4295 (Word version) -- Rep. Campsen: A BILL TO AMEND SECTION 50-21-133, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING A NO WAKE ZONE ADJACENT TO SULLIVAN'S ISLAND, SO AS TO CONFORM ITS PENALTIES TO THOSE PROVIDED IN SECTION 50-21-150.
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on:
At 4:20 P.M., with Senator LEVENTIS retaining the floor, on motion of Senator LAND, with unanimous consent, the Senate receded from business not to exceed ten minutes.
Call of the Senate
At 4:37 P.M., Senator DRUMMOND moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander                 Anderson                  Bauer
Branton                   Bryan                     Courson
Drummond                  Elliott                   Fair
Ford                      Giese                     Glover
Gregory                   Grooms                    Hayes
Holland                   Hutto                     Jackson
Land                      Leatherman                Leventis
Martin                    Matthews                  McConnell
McGill                    Mescher                   Moore
O'Dell                    Passailaigue              Patterson
Peeler                    Rankin                    Ravenel
Reese                     Richardson                Russell
Ryberg                    Saleeby                   Setzler
Short                     Smith, J. Verne           Thomas
Waldrep                   Washington                Wilson
A quorum being present, the Senate resumed.
Presentation of Service Pins
In commemoration of continuous service with the State of South Carolina, Senator DRUMMOND, PRESIDENT Pro Tempore of the Senate, presented certificates and awarded service pins to the following Senators for their respective years of state service:
Senator Anderson 10 years
Senator Reese 10 years
Senator Leatherman 20 years
Senator Leventis 20 years
Senator McConnell 20 years
Senator Peeler 20 years
In addition, Senator DRUMMOND presented certificates and awarded service pins to the following Senate staff for their respective years of state service:
Chip Chewning 10 years
Bonnie Huth 10 years
Alisa Painter 10 years
Abbie Parker 10 years
Charles Williams 10 years
Darlene Griggs 20 years
Kay Hunter 20 years
DuBose Martin 20 years
Sheila McMillan 20 years
Valerie Tresvant 20 years
All were highly commended for their years of devoted and loyal service.
Senator LEVENTIS continued speaking on the Bill.
Senator LEVENTIS asked unanimous consent to take up Amendment No. 8 for immediate consideration.
Senators McCONNELL, RAVENEL, DRUMMOND, LEVENTIS, PEELER, RICHARDSON and HUTTO proposed the following amendment (H4703001), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/ SECTION 1. Article 1, Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-100. (A) It is unlawful to construct a new enclosure which prevents or materially impedes the free range of the deer being hunted. For purposes of the definitions herein, "prevents or materially impedes" means erecting a fence in excess of six feet in height from ground level for the express purpose of corralling wild game for hunting purposes.
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned for not less than one year nor more than three years, or both. The hunting and fishing privileges of a person convicted under the provisions of this section must also be suspended for two years. In addition, the court in which a person violating this section is convicted may order that restitution be paid to the department of not less than one thousand five hundred dollars for each animal taken in violation of this section and shall be ordered to remove the enclosure.
(C)(1) All owners or leasees of property which have enclosures which prevent or materially impede the free range of the deer being hunted must register with the department within thirty days after the effective date of this section, provided the enclosure is an existing, completed enclosure in that the construction of the enclosure is wholly complete in every respect and requires no further labor or material to erect or complete the construction of the enclosure thirty days after the effective date of this section.
(2) Except as provided in item (3), after an enclosure is registered with the department, the owner may expand but may not decrease the enclosed area. The owner may make repairs necessary for the care and maintenance of the enclosure.
(3) Expansion of a registered enclosure of less than seven hundred acres is limited to an aggregate of up to fifteen percent of the area of the enclosure as of the time the enclosure was registered. Expansion of a registered enclosure of seven hundred acres or more may not exceed an aggregate of four hundred acres.
(D) It is unlawful to hunt deer with dogs in an enclosure registered with the department pursuant to Section 50-11-100(C)(1).
(E) It is unlawful to construct any mound, platform, or other device designed to allow animals into an enclosed area.
(F) If any term or provision of this section is declared unconstitutional, illegal, or unenforceable by a court of competent jurisdiction, the remainder of this section is severable and remains in full force and effect."
SECTION 2. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-1145. Notwithstanding any other provision of law, and at any time during the year, the owner, lessee, or person in lawful possession of land whereon an enclosure for running rabbits with dogs has been erected may trap fox, wildcat, bobcat, wolf, coyote, skunk, raccoons, and any other predatory animal within the enclosure when using a cage-type trap that does not injure or kill the animal. No pole-top trap, steel trap, foot-hold trap, rubber padded trap, body gripping trap, or trap that injures or kills an animal may be used to remove predatory animals from an enclosure, and all animals trapped in a cage-type trap must be released back into the wild unharmed at another location."
Senators LEVENTIS and PEELER explained the amendment.
H. 4404 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE FOR THE ISSUANCE OF NORMANDY INVASION SURVIVORS SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
H. 4404--SENATE RECEDES FROM AMENDMENTS
Senator ALEXANDER asked unanimous consent to take the Bill up for immediate consideration.
Senator ALEXANDER asked unanimous consent to recede from the Senate amendments.
The Senate receded from its amendments and a message was sent to the House accordingly and the Bill was enrolled for ratification.
The House respectfully informs your Honorable Body that a message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for Ratification:
S. 1163 (Word version) -- Senator McConnell: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO PROVIDE FOR THE LICENSING OF A PUBLIC INSURANCE ADJUSTER BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE.
On motion of Senator SALEEBY, the Senate insisted upon its amendments to S. 1163 and asked for a Committee of Conference.
Whereupon, the PRESIDENT Pro Tempore appointed Senators SALEEBY, McCONNELL and REESE to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. Catoe, Tripp and Hawkins to the Committee of Conference on the part of the House on:
S. 1163--REPORT OF THE
COMMITTEE OF CONFERENCE ADOPTED
On motion of Senator McCONNELL, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator McCONNELL spoke on the Report.
On motion of Senator McCONNELL, the Report of the Committee of Conference to S. 1163 was adopted as follows:
S. 1163--Conference Report
The General Assembly, Columbia, S.C., June 1, 2000
The COMMITTEE OF CONFERENCE, to whom was referred:
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments: (Reference is to Printer's Version 5/31/00.)
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Title 38 of the 1976 Code is amended by adding:
Public Insurance Adjusters
Section 38-48-10. As used in this chapter:
(1) 'Public insurance adjuster' means any individual who, for salary, fee, commission, or other compensation, engages in public adjusting and who is licensed under Section 38-48-20. A public insurance adjuster is not an attorney licensed to practice by the South Carolina Supreme Court who adjusts insurance losses in the course of the practice of law. A public insurance adjuster is not an adjuster representing an insurer and is not licensed in accordance with the provisions of Chapter 47.
(2) 'Public adjusting' means investigating, appraising or evaluating, and reporting to an insured in relation to a first party claim arising under insurance contracts, that insure the real or personal property, or both, of the insured. Public adjusting does not include acting in any manner in relation to claims for damages to or arising out of the operation of a motor vehicle. Public adjusting does not include any activities which may constitute the unauthorized practice of law. Nothing in this chapter shall be construed as permitting the unauthorized practice of law.
Section 38-48-20. Every individual commonly called a public adjuster, adjusting losses for an insured, must be licensed by the director or his designee. These individuals shall apply for a license on a form prescribed by the director or his designee. The written examination for a public adjuster license shall be the same as that prescribed for insurance adjusters. The director or his designee shall satisfy himself that each applicant for a public adjuster's license is an individual of good moral character, has sufficient knowledge of the insurance business and duties as a public adjuster, has not violated the insurance laws of the State, and is a fit and proper individual for the position. No license may be issued pursuant to reciprocal arrangements or agreements as provided in Section 38-48-40 to a nonresident public adjuster who resides in a state which has enacted a statute requiring the licensing of public adjusters and which refuses to license South Carolina public adjusters, however a license may be issued to such applicants upon a successful completion of the examination for public adjusters prescribed by the director or his designee. Only licensed public adjusters may solicit business from an insured who has sustained an insured loss. Individuals engaged in providing public adjusting services without a license shall be deemed to be engaged in unauthorized transaction of insurance business and subject to the remedies provided in Chapter 25, as well as the disgorgement of fees or restitution to the insured for any fees paid.
Section 38-48-30. When an individual applies for a public adjuster's license, he shall supply the department his business and residence addresses and telephone numbers. The public adjuster shall notify the department within thirty days of any change in these addresses.
Section 38-48-40. The director or his designee may enter into reciprocal agreements with the insurance commissioners or directors of other states in regard to licensing of nonresident public adjusters if in his judgment these arrangements or agreements are in the best interests of the State and if the applicant for a public adjuster's license meets the minimum statutory requirements in this State for the issuance of a license.
Section 38-48-50. The biennial fee for a public adjuster's license is eighty dollars payable in advance and fully earned when received, not refundable, transferable, nor proratable. However, when the laws of another state of the United States required in this State of nonresident public adjusters, the nonresident public adjusters shall pay an amount equal to the amount of charges imposed by the laws of this State upon public adjusters of this State.
Section 38-48-60. A public adjuster's license is for an indefinite term, unless sooner revoked or suspended, if the biennial license fee is paid at the time and in the manner which the department provides by regulation. If the license fee for a public adjuster is not received when due, the license must be canceled. If the license is to be reinstated, an original application must be filed and a reinstatement fee equal to the biennial license fee unpaid must be paid in addition to the regular biennial license fee.
Section 38-48-70. Public insurance adjusters are declared to be acting as the agents of the insureds they represent in the adjustment of any loss. A public insurance adjuster shall:
(a) be honest and fair in all communications with the insured and with the insurer or its representatives;
(b) have no financial interests in any aspect of the insured's claim, other than the salary, fee, commission, or other compensations that may be established in the written contract between the insured and the public insurance adjuster;
(c) not refer or direct any insured needing repairs or other services in connection with a loss to any person with whom the public insurance adjuster has a financial interest; nor to any person who will or is reasonably anticipated to provide the public adjuster any direct or indirect compensation for the referral of any resulting business;
(d) not prevent or attempt to dissuade an insured from communicating with an insurer, the insurer's adjuster, an independent adjuster representing the insurer, an attorney, or any other person regarding the settlement of the insured's claim;
(e) not engage in any conduct which constitutes the unauthorized practice of law;
(f) not acquire any interest in salvage of property subject to his contract, except with the express written permission of the insured, after settlement with the insurer; and
(g) not solicit or enter into any agreement for the repair or replacement of damaged property on which the public adjuster has been engaged to adjust or settle claims;
(h) not offer or provide advice as to whether the insured's claim is covered by the insured's contract with the insurer.
Section 38-48-80. Any agreement between the insured and the public insurance adjuster for the services described in this chapter shall be in writing and signed by both parties. The contract shall:
(a) state the full consideration for the public adjuster's services;
(b) specify in bold and conspicuous language that the consideration, compensation, commission, fee, percentage, or salary due to the public adjuster shall be paid by the insured from any sums the public adjuster assists the insured in recovering and not paid by the insurer;
(c) shall legibly state the full name and address as specified in the department's record of the licensed public adjuster;
(d) state the insured's full name and street address, the address and description of the loss, and the name of the insured's insurance company and policy number;
(e) disclose to the insured in bold, conspicuous language that (1) it is not necessary for the insured to hire a public adjuster; (2) the insured has the right to communicate directly with the insurer, the insurer's adjuster(s), the insured's counsel, or counsel for the insurer; and (3) the public adjuster is not an agent or employee of the insurer;
(f) show the date on which the contract was signed by both parties;
(g) clearly and conspicuously disclose the insured's right to rescind the contract within five working days or otherwise cancel it as provided by South Carolina law; and
(h) clearly and conspicuously outline the services to be provided by the public adjuster to the insured.
Promptly after the contract of the insured with the public adjuster has been executed, and after the time to rescind has elapsed, the public adjuster shall give written notice to the insurer or its adjuster or representative that the public adjuster has entered into a written contract with the insured.
Section 38-48-90. (A) No public adjuster shall compensate or provide anything of value except as provided in Section 38-57-160 to a person who is not licensed as a public adjuster in return for the referral of a business prospect to the public adjuster; provided, however, a public adjuster may enter into an agreement with another licensed public adjuster for the referral of business and sharing of commissions or compensation. Such an arrangement must be disclosed to the insured in the written agreement.
(B) No public adjuster shall represent or act as an adjuster representing an insurance company, either as an employee of the insurer or as an independent adjuster. No independent adjuster or adjuster licensed in accordance with the provisions of Chapter 47 shall act as a public insurance adjuster.
Section 38-48-100. All advertising by a public adjuster shall fairly and accurately describe the services to be rendered and shall not misrepresent either the public adjuster or the public adjuster's abilities and shall comply with the following requirements:
(a) Advertisements must comply with all the requirements of Title 38 and the Unfair Trade Practices law.
(b) All advertisements must state the full name of the public adjuster and the public adjuster's firm, if applicable, and the complete business address and phone numbers.
(c) Advertisements shall not create an unjust expectation about results the public adjuster can achieve.
Section 38-48-110. The insured shall have until the close of business on the fifth business day after signing the contract to rescind the agreement. The exercise of the right to rescind the agreement must be in writing and delivered to the public adjuster at the address shown on the agreement.
If the insured property that is the subject of the claim is not the primary residence of the insured or used by the insured primarily for personal, family, or household purposes, the insured may waive the right to rescind the agreement. The waiver shall be in writing and signed and dated by the insured.
Section 38-48-120. Every public adjuster shall maintain all records of losses and claims adjusted for three years after the settlement or closing of each claim.
Section 38-48-130. It is unlawful for a person to:
(a) act as a public adjuster on a contract made other than as authorized by the laws of this State or made by an insurer who is not licensed to do business in this State; or
(b) adjust or aid in the adjustment, either directly or indirectly, of a claim arising under a contract of insurance not authorized by the laws of this State; or
(c) engage in the unauthorized transaction of insurance business as defined in this article and Chapter 25;
(d) act as both a contractor and a public adjuster in the adjustment of a claim for an insured; or
(e) violate any provision of this title.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than two years, or both.
Section 38-48-140. When the director or his designee determines after investigation that there has been a violation of this chapter by a public adjuster, the director or his designee, after providing notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, may impose penalties provided for in Section 38-2-10.
Section 38-48-150. Any provision of this statute that is deemed to be void, unenforceable, unconstitutional, or illegal by any court of competent jurisdiction shall be deemed severable and shall not affect the constitutionality, enforceability, or legality of the remaining provisions. The remaining provisions shall continue in full force and effect.
Section 38-48-160. The Department of Insurance shall promulgate regulations necessary to carry out the provisions of this chapter."
SECTION 2. A. Section 38-33-50 of the 1976 Code is amended by adding:
"(C) Any contract issued by a Health Maintenance Organization in this State on or after January 1, 1988, may include provision for subrogation by the Health Maintenance Organization to the Enrollee's right of recovery against a liable third party for not more than the amount of insurance benefits that the Health Maintenance Organization has paid previously in relation to the Enrollee's injury by the liable third party. If the director or his designee, upon being petitioned by the Enrollee, determines that the exercise of subrogation by a Health Maintenance Organization is inequitable and commits an injustice to the Enrollee, subrogation is not allowed. Attorneys' fees and costs must be paid by the Health Maintenance Organization from the amounts recovered. This determination by the Director or his designee may be appealed to the Administrative Law Judge Division as provided by law in accordance with Section 38-3-210."
B. This Section takes effect upon approval of the Governor.
SECTION 3. A. Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Article 19
Health Carrier External Review Act
Section 38-71-1910. This article may be cited as the 'Health Carrier External Review Act'.
Section 38-71-1920. For purposes of this article:
(1) 'Adverse determination' means a determination by a health carrier or its designee that an admission, availability of care, continued stay or other health care service that is a covered benefit has been reviewed and, based upon the information provided:
(a) does not meet the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, or effectiveness; or
(b) is experimental or investigational and involves a condition that is life-threatening or seriously disabling, and the requested service or payment for the service is, therefore, denied, reduced, or terminated.
(2) 'Authorized representative' means:
(a) a person to whom a covered person has given express written consent to represent the covered person in an external review;
(b) a person authorized by law to provide substituted consent for a covered person; or
(c) a family member of the covered person or the covered person's treating health care professional when the covered person is unable to provide consent.
(3) 'Clinical review criteria' means the written screening procedures, decision abstracts, clinical protocols, and practice guidelines used by a health carrier to determine the necessity and appropriateness of health care services.
(4) 'Covered benefits' means those health care services to which a covered person is entitled under the terms of a health benefit plan.
(5) 'Covered person' means an insured, subscriber, enrollee, or other individual entitled to covered benefits under a health benefit plan.
(6) 'Director or his designee' means the Director of the South Carolina Department of Insurance or a person designated by the director.
(7) 'Facility' means an institution providing health care services or a health care setting including, but not limited to, hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory, and imaging centers, and rehabilitation and other therapeutic health settings.
(8) 'Final adverse determination' means an adverse determination involving a covered benefit that has been upheld by a health carrier, or its designee, at the completion of the health carrier's internal appeal process.
(9) 'Health benefit plan' means a policy, contract, or certificate issued by a health carrier that provides benefits consisting of medical care provided directly, through insurance or reimbursement, or otherwise, and including items and services paid for as medical care under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer, except:
(a) coverage only for accident or disability income insurance or any combination of accident and disability income insurance;
(b) coverage issued as a supplement to liability insurance;
(c) liability insurance, including general liability insurance and automobile liability insurance;
(d) workers' compensation or similar insurance;
(e) automobile medical payment insurance;
(f) credit-only insurance;
(g) coverage for on-site medical clinics;
(h) other similar insurance coverage specified in regulations under which benefits for medical care are secondary or incidental to other insurance benefits;
(i) if offered separately:
(i) limited scope dental or vision benefits;
(ii) benefits for long-term care, nursing home care, home health care, community-based care, or any combination of these;
(iii) other similar, limited benefits, as are specified in regulations;
(j) if offered as independent, noncoordinated benefits:
(i) coverage only for a specified disease or illness;
(ii) hospital indemnity or other fixed indemnity insurance;
(k) if offered as a separate insurance policy:
(i) Medicare supplemental health insurance, as defined under Section 1882(g)(1) of the Social Security Act;
(ii) coverage supplemental to the coverage provided under Chapter 55, Title 10 of the United States Code; and
(iii) similar supplemental coverage under a group health plan;
(l) any health benefit plan offered or administered by the State Budget and Control Board.
(10) 'Health care professional' means a physician, dentist, or other person properly licensed, where required, to furnish health care services.
(11) 'Health care provider' or 'provider' means a health care professional or a facility.
(12) 'Health care services' means services for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
(13) 'Health carrier' means an entity that provides health insurance coverage in this State and an insurance company, a health maintenance organization, and any other entity providing health insurance coverage which is licensed to engage in the business of insurance in this State and which is subject to state insurance regulation.
(14) 'Independent review organization' means an entity that conducts independent external reviews of adverse determinations and final adverse determinations.
(15) 'Life-threatening condition or disease' means a condition or disease which, according to the current diagnosis by the covered person's treating physician, has a high probability of causing the covered person's death within three years.
(16) 'Medical and scientific evidence' means:
(a) peer-reviewed scientific studies published in, or accepted for publication by, medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff;
(b) peer-reviewed medical literature, including literature relating to therapies reviewed and approved by a qualified institutional review board, biomedical compendia, and other medical literature that meet the criteria of the National Institute of Health's National Library of Medicine for indexing in Index Medicus, Excerpta Medicus, Medline and Medlars database Health Services Technology Assessment Research;
(c) medical journals recognized by the Secretary of Health and Human Services, under Section 1861 (t)(2) of the federal Social Security Act;
(d) these standard reference compendia: the American Hospital Formulary Service - Drug Information; the American Medical Association Drug Evaluation; the American Dental Association Accepted Dental Therapeutics; and the United States Pharmacopoeia - Drug Information;
(e) findings, studies, or research conducted by or under the auspices of federal government agencies and nationally recognized federal research institutes, including the federal Agency for Health Care Policy and Research, National Institutes of Health, National Cancer Institute, National Academy of Sciences, Health Care Financing Administration, Congressional Office of Technology Assessment, and any national board recognized by the National Institutes of Health for the purpose of evaluating the medical value of health services.
(17) 'Person' means a corporation, partnership, association, voluntary organization, individual, or any other entity, organization, or aggregation of individuals.
(18) 'Retrospective review' means a review of medical necessity conducted after services have been provided to a patient; this term does not include the review of a claim that is limited to an evaluation of reimbursement levels, veracity of documentation, accuracy of coding, or adjudication for payment.
(19) 'Serious medical condition' means a health condition or illness that requires immediate medical attention, where failure to provide immediate medical attention would result in a serious impairment to bodily functions, serious dysfunction of a bodily organ or part, or would place the person's health in serious jeopardy.
(20) 'Seriously disabling' means a health condition or illness that involves a serious impairment to bodily functions or serious dysfunction of a bodily organ or part.
(21) 'Utilization review' means a system for reviewing the necessary, appropriate, and efficient allocation of health care resources and services given or proposed to be given to a patient or a group of patients.
Section 38-71-1930. (A) Except as provided in subsection (B), this article applies to all health carriers that provide or perform utilization review, including those plans subject to regulation under Chapter 33.
(B) This article does not apply to the administrative services performed on behalf of a self-funded plan subject to the Employee Retirement Income Security Act (ERISA) of 1974.
(C) For purposes of this article, notice to the subscriber or insured entitled to covered benefits under a health benefit plan shall constitute notice to the covered person. This subsection does not affect the health plan's obligations under a court order requiring a parent to provide health coverage pursuant to Section 20-7-1200 et seq.
Section 38-71-1940. (A) A health carrier shall notify the covered person in writing of the right to request an external review and include the appropriate statements and information set forth in subsection (B) at the time the health carrier sends written notice of either an adverse determination or a final adverse determination.
(B)(1) The health carrier shall include in the notice required under subsection (A) a clear and concise description of the right of the covered person to request a standard external review pursuant to Section 38-71-1970 or an expedited external review pursuant to Section 38-71-1980 upon receipt of an adverse determination or a final adverse determination and the circumstances under which the covered person is not required to exhaust the health carrier's internal appeal process or is considered to have exhausted the health carrier's internal appeal process pursuant to Section 38-71-1960.
(2) In addition to the information to be provided pursuant to subsection (B)(1), the health carrier shall include a brief description of both the standard and expedited external review procedures.
(3) As part of any forms provided under subsection (B)(2), the health carrier shall include an authorization form, or other document promulgated or approved by the director or his designee, by which the covered person, for purposes of conducting an external review under this article, authorizes the health carrier to disclose protected health information, including medical records, concerning the covered person that are pertinent to the external review.
(C) A notice, statement, or form required by this section must achieve a score of no lower than 70 on the Flesch Reading East Test and must be printed in no smaller than 12 point type. No part of the notice, statement, or form may be printed in all capitals. A notice, statement, or form required by this section must include a statement of the right of the covered person to contact the director or his designee for assistance. The statement must include the telephone number and address of the director or his designee.
(D) A notice, statement, or form required by this section must be approved by the Department of Insurance. The director or his designee shall promulgate standard language, in a specified font size and type for any notice, statement, or form required by this section. Use of the standard language in the specified font size and type promulgated by the department pursuant to this section shall constitute compliance with the notice requirements of this section.
Section 38-71-1950. (A) All requests for external review must be made in writing to the health carrier.
(B) A covered person or his authorized representative may make a request for an external review of an adverse determination or final adverse determination only when the amount payable for covered benefits is at least five hundred dollars.
(C) A covered person is not entitled to an external review of a retrospective review determination unless the covered person has exhausted the health carrier's internal appeal process and may be held financially responsible for the covered benefits.
Section 38-71-1960. (A)(1) Except in cases where the covered person's treating physician has certified in writing that the covered person has a serious medical condition, or, where the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational and the covered person's treating physician has provided the certifications required pursuant to Section 38-71-1980, a request for a standard or expedited external review may not be made until the covered person has exhausted the health carrier's internal appeal process.
(2) A covered person is considered to have exhausted the health carrier's internal appeal process for purposes of this section, if the covered person or his authorized representative:
(a) has filed an appeal involving an adverse determination pursuant to the health carrier's internal appeal process; and
(b) the health carrier has not issued a written decision within the timeframes set forth in the health carrier's internal appeals process after receipt of all information necessary to complete the appeal and the covered person or his authorized representative has not agreed to a delay.
(B) A request for an external review of an adverse determination may be made before the covered person has exhausted the health carrier's internal appeal process whenever the health carrier agrees to waive the exhaustion requirement.
(C) If the requirement to exhaust the health carrier's internal appeal process is waived under subsection (B), the covered person or his authorized representative may file a request in writing for an external review.
Section 38-71-1970. (A)(1) Within sixty days after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to Section 38-71-1940, a covered person or his authorized representative may file a request for an external review with the health carrier.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the request for review must include a certification from the covered person's treating physician who must be a licensed physician qualified to practice in the area of medicine appropriate to treat the covered person's condition that:
(a) the covered person has a life-threatening disease or seriously disabling condition; and
(b) at least one of the following situations is applicable:
(i) standard health care services or treatments have not been effective in improving the condition of the covered person;
(ii) standard health care services or treatments are not medically appropriate for the covered person; or
(iii) the recommended or requested service or treatment is more beneficial than the standard health care service or treatment covered by the health carrier; and
(c) medical and scientific evidence using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or final adverse determination is more beneficial to the covered person than available standard health care services or treatments and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatments.
(B)(1) Within five business days from the date the health carrier receives a request for an external review, the health carrier or its designee shall:
(a) assign an independent review organization from the list of approved independent review organizations compiled and maintained pursuant to Section 38-71-2000 to conduct an external review; and
(b) send the documents and any information considered in making the adverse determination or final adverse determination to the independent review organization; or
(c) inform the covered person or his authorized representative in writing that the request does not meet the criteria for external review pursuant to this article and include a statement explaining the reason for nonacceptance and the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee;
(2) Except as provided in subsection (B)(3), failure by the health carrier or its designee to send the documents and information within the time specified in subsection (B)(1) may not delay the conduct of the external review.
(3)(a) If the health carrier or its designee fails to send the documents and information within the time specified in subsection (B)(1), the independent review organization may terminate the external review and make a decision to reverse the adverse determination or final adverse determination.
(b) Immediately upon making the decision under subsection (B)(3)(a), the independent review organization shall notify the covered person or his authorized representative and the health carrier.
(C)(1) Within five business days after receipt of the request for external review from the health carrier, the independent review organization shall determine whether all the information, certifications, and forms required to process an external review, including the release form provided under Section 38-71-1940B(3) have been provided. The independent review organization shall immediately notify the covered person or his authorized representative in writing if additional information is required.
(2) The independent review organization shall include in the notice provided pursuant to subsection (C)(1) a clear statement that the covered person or his authorized representative may submit in writing to the independent review organization within seven business days following the date of receipt of the notice additional information and supporting documentation that the independent review organization shall consider when conducting the external review.
(3) If the request is not:
(a) complete, the independent review organization shall inform the covered person or his authorized representative what information or materials are needed to make the request complete; or
(b) accepted for external review, the independent review organization shall inform the covered person or his authorized representative and the health carrier in writing of the reasons for its nonacceptance.
(D)(1) If a request for external review is accepted for external review, the independent review organization shall notify the health carrier and the covered person or his authorized representative.
(2) In reaching a decision, the independent review organization is not bound by any decisions or conclusions reached during the health carrier's utilization review process, as set forth in Chapter 70, or the health carrier's internal appeal process.
(3) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational, at the time a request is accepted for external review pursuant to subsection (C)(3),
(a) the independent review organization shall:
(i) immediately select a clinical peer review panel pursuant to subsection (D)(3)(b) to conduct the external review; and
(ii) based on the opinions of the clinical peer reviewers on the panel, make a decision to uphold or reverse the adverse determination or final adverse determination.
(b)(i) Notwithstanding the provisions of subsection (D)(3)(b)(ii), the panel shall consist of the number of physicians or other health care professionals considered appropriate by the independent review organization who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(ii) The health carrier may require that the panel consist of at least three physicians or other health care professionals who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(iii) Neither the covered person nor his authorized representative, if applicable, nor the health carrier shall choose or control the choice of the physicians or other health care professionals to be selected for the clinical peer review panel.
(c) Each member of the clinical peer review panel shall provide a written opinion to the independent review organization on whether to uphold or reverse the adverse determination or the final adverse determination. Each clinical peer reviewer's opinion shall include a description:
(i) of the covered person's medical condition, which is the subject of the adverse determination or final adverse determination;
(ii) of the indicators relevant to determining whether there is sufficient evidence to demonstrate that the recommended or requested health care service or treatment is more beneficial to the covered person than standard services or treatments and that the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatment; and
(iii) analysis of the medical and scientific evidence used in making the determination.
(E)(1) The independent review organization shall review all of the information and documents received from the health carrier and any other information submitted in writing to the independent review organization by the covered person or his authorized representative.
(2) Upon receipt of any information submitted by the covered person or his authorized representative pursuant to subsection (C)(2), the independent review organization immediately shall forward the information to the health carrier.
(F)(1) The health carrier may reconsider its adverse determination or final adverse determination at any time.
(2) Reconsideration by the health carrier may not delay or terminate the external review.
(3) The health carrier may terminate the external review only if the health carrier reverses its adverse determination or final adverse determination.
(4)(a) within five business days of making the decision to reverse its adverse determination or final adverse determination, as provided in subsection (F)(3), the health carrier shall send written notice to the covered person or his authorized representative and the independent review organization.
(b) the independent review organization shall terminate the external review upon receipt of the notice from the health carrier sent pursuant to subsection (F)(4)(a).
(G) In addition to the documents and information provided or transmitted pursuant to this section, the independent review organization, to the extent the information or documents are available and the independent review organization considers them appropriate, shall consider the following in reaching a decision:
(1) the covered person's relevant medical records;
(2) the treating health care provider's recommendation;
(3) consulting reports from appropriate health care professionals and other documents submitted by the health carrier, covered person, his authorized representative, or the covered person's treating provider;
(4) the most appropriate practice guidelines, which may include generally accepted practice guidelines, evidence-based practice guidelines, or any other practice guidelines developed by the federal government or national or professional medical societies, boards, and associations;
(5) any applicable clinical review criteria developed and used by the health carrier or its designee; and
(6) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, whether:
(a) the recommended or requested health care service or treatment has been approved by the Federal Food and Drug Administration; or
(b) medical and scientific evidence demonstrates that the expected benefits of the recommended or requested health care service or treatment would be greater than the benefits of any available standard service or treatment and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of standard services or treatments.
(H)(1) Within forty-five days after the date of receipt of the request for an external review by the health carrier, the independent review organization shall provide written notice of its decision to uphold or reverse the adverse determination or the final adverse determination to the covered person or his authorized representative and the health carrier.
(2) If adverse determination or final adverse determination involves a denial of coverage based on a determination that the health care service or treatment recommended or requested is experimental or investigational, the independent review organization shall make a decision to uphold or reverse the health carrier's adverse determination or final adverse determination based upon the recommendation of a majority of the clinical peer review panel, if more than one physician or other health care professional serves on the panel.
(3) The independent review organization shall include in the notice sent pursuant to subsection (H)(1):
(a) a general description of the reason for the request for external review;
(b) the date the independent review organization received the assignment from the health carrier;
(c) the date the external review was conducted, if appropriate;
(d) the date of its decision;
(e) the principal reason or reasons for its decision;
(f) the rationale for its decision;
(g) references to the evidence or documentation, including the practice guidelines, considered in reaching its decision; and
(h) the written opinions of the clinical peer review panel, if any.
(4) Within five business days of receipt of a notice of a decision pursuant to subsection (H)(1) reversing the adverse determination or final adverse determination, the health carrier shall approve the covered benefit that was the subject of the adverse determination or final adverse determination, subject to applicable contract exclusions, limitations, or other provisions.
(I) The assignment by a health carrier of an approved independent review organization to conduct an external review in accordance with this section must be fair and impartial. The health carrier and the independent review organization shall comply with standards promulgated by the director or his designee by regulation or bulletin to ensure fairness and impartiality in the assignment by health carriers of approved independent review organizations to conduct external reviews, including its term, its termination, and payment arrangement.
Section 38-71-1980. (A)(1) Within fifteen days after the date of receipt of a notice of an adverse determination or final adverse determination pursuant to Section 38-71-1940, a covered person or his authorized representative may file a request for an expedited external review with the health carrier at the time the covered person receives:
(a) an adverse determination if the covered person's treating physician has certified that the covered person has a serious medical condition;
(b) a final adverse determination if:
(i) the covered person's treating physician has certified that the covered person has a serious medical condition; or
(ii) the final adverse determination concerns an admission, availability of care, continued stay, or health care service for which the covered person received emergency medical care, as defined in Section 38-71-1520(2), but has not been discharged from a facility, if the covered person may be held financially responsible for the emergency medical care.
(c) medical and scientific evidence using accepted protocols demonstrate that the health care service or treatment requested by the covered person that is the subject of the adverse determination or final adverse determination is more beneficial to the covered person than available standard health care services or treatments and the adverse risks of the recommended or requested health care service or treatment would not be substantially increased over those of the standard services or treatments; and
(B)(1) At the time the health carrier receives a request for an expedited external review, the health carrier or its designee as expeditiously as reasonably possible shall:
(a) assign an independent review organization from the list of approved independent review organizations compiled and maintained pursuant to Section 38-71-2000 to conduct the expedited external review; and
(b) send all the documents and any information considered in making the adverse determination or final adverse determination to the independent review organization by overnight delivery service or any other reasonably available expeditious method; or
(c) inform the covered person or his authorized representative that the request does not meet the criteria for external review pursuant to this article and include a statement of the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee.
(C)(1) In reaching a decision, the independent review organization is not bound by any decisions or conclusions reached during the health carrier's utilization review process, as set forth in Chapter 70, or the health carrier's internal appeal process.
(2) If the denial of coverage is based on a determination that the health care service or treatment recommended or requested is experimental or investigational,
(i) immediately select a clinical peer review panel pursuant to subsection (C)(2)(b) to conduct the external review; and
(b)(i) notwithstanding the provisions of subsection (C)(2)(b)(ii), the panel shall consist of the number of physicians or other health care professionals, considered appropriate by the independent review organization, who meet the minimum qualifications described in Section 38-71-2010 and, through clinical experience in the past three years, are experts in the treatment of the covered person's condition and knowledgeable about the recommended or requested health care service or treatment.
(c) Each member of the clinical peer review panel shall provide an opinion to the independent review organization on whether to uphold or reverse the adverse determination or the final adverse determination. Each clinical peer reviewer's opinion shall include a description:
(D) In addition to the documents and information provided or transmitted pursuant to this section, the independent review organization, to the extent the information or documents are available and the independent review organization considers them appropriate, shall consider the following in reaching a decision:
(E)(1) The health carrier may reconsider its adverse determination or final adverse determination at any time.
(4)(a) As expeditiously as reasonably possible upon making the decision to reverse its adverse determination or final adverse determination, as provided in subsection (E)(3), the health carrier shall send notice to the covered person or his authorized representative and the independent review organization.
(b) The independent review organization shall terminate the external review upon receipt of the notice from the health carrier sent pursuant to subsection (E)(4)(a).
(F)(1) As expeditiously as reasonably possible, but in no event more than three business days after the date of receipt of the request for an expedited external review by the health carrier, the independent review organization shall provide notice of its decision to uphold or reverse the adverse determination or the final adverse determination to the:
(a) covered person or his authorized representative; and
(b) health carrier.
(3) If the notice provided pursuant to subsection (H)(1) was not in writing, within two days after the date of providing that notice, the independent review organization shall:
(a) provide written confirmation of the decision to the covered person or his authorized representative and the health carrier; and
(b) include the information set forth in Section 38-71-1970(H)(3).
(4) As expeditiously as reasonably possible after receipt of the notice a decision pursuant to subsection (H)(1) reversing the adverse determination or final adverse determination, the health carrier shall approve the covered benefit that was the subject of the adverse determination or final adverse determination, subject to applicable contract exclusions, limitations, or other provisions.
(G) The assignment by a health carrier of an approved independent review organization to conduct an external review in accordance with this section must be fair and impartial. The health carrier and the independent review organization shall comply with standards promulgated by the director or his designee by regulation or bulletin to ensure fairness and impartiality in the assignment by health carriers of approved independent review organizations to conduct external reviews, including its term, its termination, and payment arrangement.
Section 38-71-1990. (A) An external review decision is binding on the health carrier.
(B) An external review decision is binding on the covered person except to the extent the covered person has other remedies available under applicable federal or state law. If such other remedies are available, the covered person or his authorized representative may not, in these proceedings, utilize, disclose, or introduce in evidence information generated during or findings reached by the independent review organization.
(C) A covered person or his authorized representative may not file a subsequent request for external review involving the same adverse determination or final adverse determination.
Section 38-71-2000. (A) The director or his designee shall approve independent review organizations eligible to be assigned to conduct external reviews to ensure that an independent review organization satisfies the minimum qualifications established under Section 38-71-2010.
(B) The director or his designee shall develop an application form for initially approving and for reapproving independent review organizations to conduct external reviews and may establish an advisory committee with appropriate representation to review the applications. No member of the advisory committee may be liable to any person for any acts or omissions arising out of or related to the approval or reapproval of independent review organizations pursuant to this act.
(C)(1) An independent review organization wishing to be approved to conduct external reviews under this article shall submit the application form and include with the form all documentation and information necessary for the director or his designee to determine if the independent review organization satisfies the minimum qualifications established under Section 38-71-2010.
(2) The director or his designee may charge an application fee that independent review organizations shall submit to the director or his designee with an application for approval and reapproval.
(D)(1) Except as provided in subsection (D)(2), an approval is effective for two years.
(2) The independent review organization must notify the director or his designee of any material changes in qualifications, including removal or loss of accreditation by a nationally recognized private accrediting entity, approved by the director or his designee pursuant to subsection (E). Whenever the director or his designee determines that an independent review organization no longer satisfies the minimum requirements established under Section 38-71-2010 or has violated a provision of this article, the director or his designee shall terminate the approval of the independent review organization and remove the independent review organization from the list of independent review organizations approved to conduct external reviews under this article that is maintained by the director or his designee pursuant to subsection (F)
(E) An independent review organization accredited by a nationally recognized private accrediting entity with established and maintained standards for independent review organizations that meet the minimum qualifications established pursuant to Section 38-71-2010, which accrediting entity has been approved by the director or his designee, may be deemed to meet the minimum qualification requirements set forth in Section 38-71-2010.
(F) The director or his designee shall maintain and periodically update a list of approved independent review organizations and approved nationally recognized private accrediting entities.
(G) The director or his designee may promulgate regulations or bulletins to carry out the provisions of this section.
Section 38-71-2010. (A) To be approved under Section 38-71-2000 to conduct external reviews, an independent review organization shall have and maintain written policies and procedures that govern all aspects of both the standard external review process and the expedited external review process set forth in Sections 38-71-1970 and 38-71-1980 that include, at a minimum:
(1) a quality assurance mechanism in place that ensures:
(a) that external reviews are conducted within the specified time frames and required notices are provided in a timely manner;
(b) the selection of qualified and impartial clinical peer reviewers to conduct external reviews on behalf of the independent review organization and suitable matching of reviewers to specific cases;
(c) the confidentiality of medical and treatment records and clinical review criteria; and
(d) that any person employed by or under contract with the independent review organization adheres to the requirements of this article;
(2) a toll-free telephone service to receive information on a 24-hour-day, 7-day-a-week basis related to external reviews that is capable of accepting, recording, or providing appropriate instruction to incoming telephone callers during other than normal business hours; and
(3) agree to maintain and provide to the director or his designee the information set out in Section 38-71-2030.
(B) All clinical peer reviewers assigned by an independent review organization to conduct external reviews must be physicians or other appropriate health care providers who:
(1) are knowledgeable about the recommended health care service or treatment through recent or current actual clinical experience treating patients with the same or similar medical condition of the covered person; and
(2) hold a nonrestricted license in a state of the United States and, for physicians, a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of the external review.
(C) In addition to the requirements set forth in subsection (A), an independent review organization may not own or control, be a subsidiary of or in any way be owned or controlled by, or exercise control with a health benefit plan, a national, state, or local trade association of health benefit plans, or a national, state, or local trade association of health care providers.
(D)(1) In addition to the requirements set forth in subsections (A), (B), and (C), to be approved pursuant to Section 38-71-2000 to conduct an external review of a specified case, neither the independent review organization selected to conduct the external review nor any clinical peer reviewer assigned by the independent review organization to conduct the external review may have a material professional, familial, or financial conflict of interest with:
(a) the health carrier that is the subject of the external review;
(b) the covered person whose treatment is the subject of the external review or his authorized representative;
(c) any officer, director, or management employee of the health carrier that is the subject of the external review;
(d) the health care provider or the health care provider's medical group or independent practice association recommending the health care service or treatment that is the subject of the external review;
(e) the facility at which the recommended health care service or treatment would be provided; or
(f) the developer or manufacturer of the principal drug, device, procedure, or other therapy being recommended for the covered person whose treatment is the subject of the external review.
Section 38-71-2020. No independent review organization, or employee, officer, or director of an independent review organization or health care professional who furnishes services to an independent review organization is liable to any person for any acts or omissions arising out of or related to an external review conducted pursuant to this article, except for cases of wilful and intentional misconduct.
Section 38-71-2030. (A)(1) An independent review organization assigned pursuant to Section 38-71-1970 or Section 38-71-1980 to conduct an external review shall maintain written records in the aggregate and by health carrier on all requests for external review for which it conducted an external review during a calendar year and submit a report to the director or his designee, as required under subsection (A)(2).
(2) Each independent review organization required to maintain written records on all requests for external review pursuant to subsection (A)(1) for which it was assigned to conduct an external review shall submit to the director or his designee, no later than March first of each year and upon request by the director or his designee, a report in the format specified by the director or his designee.
(3) The report shall include in the aggregate and for each health carrier:
(a) the total number of requests for external review and the manner in which they were resolved;
(b) the average length of time for resolution;
(c) a summary of the types of coverages or cases for which an external review was sought, as provided in the format required by the director or his designee; and
(d) any other information the director or his designee may request or require.
(4) The independent review organization shall retain the written records required pursuant to this subsection for at least three years.
(B)(1) Each health carrier shall maintain written records in the aggregate and for each general type of health benefit plan offered by the health carrier on all requests for external review that are filed with the health carrier during a calendar year.
(2) Each health carrier required to maintain written records on all requests for external review pursuant to subsection (B)(1) shall submit to the director or his designee, no later than March first of each year and upon request by the director or his designee, a report in the format specified by the director or his designee.
(3) The report shall include in the aggregate and by type of health benefit plan:
(4) The health carrier shall retain the written records required pursuant to this subsection for at least three years.
(C) The director or his designee shall make the reports required in this section available to any person for inspection and copying upon request.
Section 38-71-2040. The health carrier shall pay for the external review.
Section 38-71-2050. (A) Each health carrier shall include a description of the external review procedures in either the policy, certificate, membership booklet, outline of coverage, or other evidence of coverage it provides to covered persons.
(B) The description required under subsection (A) shall include a statement of the right of the covered person to contact the director or his designee for assistance. The statement shall include the telephone number and address of the director or his designee.
(C) In addition to subsection (B), the statement shall inform the covered person that, when filing a request for an external review, the covered person will be required to authorize the release of any medical records of the covered person that may be required to be reviewed for the purpose of reaching a decision on the external review.
Section 38-71-2060. The director or his designee may, after notice, promulgate reasonable regulations or bulletins to carry out the provisions of this article."
B. If any provision of this act, or the application of the provision to any person or circumstance is held invalid, the remainder of the act, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
C. For individual health benefit plans, this Section is effective January 1, 2002. For group health benefit plans, this Section is effective for plan years beginning after December 31, 2001. Sections 38-71-2000, 38-71-2010, and 38-71-2060 of the 1976 Code are effective upon approval by the Governor. The South Carolina Department of Insurance may, prior to the effective date of this act, review any policies and filings necessary to implement the provisions of this Section in order to transition into any additional or altered requirement provided by this Section. Any action of the South Carolina Department of Insurance to implement this Section before January 1, 2002, is subject to the provisions, requirements, and law of this Section effective on January 1, 2002.
SECTION 3. Except as otherwise provided, this act takes effect ninety days after approval by the Governor. /
/s/Sen. Edward E. Saleeby         /s/Rep. Harry F. Cato
/s/Sen. Glenn F. McConnell        /s/Rep. Daniel L. Tripp
/s/Sen. Glenn G. Reese            Rep. John D. Hawkins
On Part of the Senate.            On Part of the House.
, and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification:
Whereupon, the PRESIDENT Pro Tempore appointed Senators McCONNELL, MOORE and RAVENEL to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
The House respectfully informs your Honorable Body that it has appointed Reps. Townsend, Webb and J. Hines to the Committee of Conference on the part of the House on:
H. 3993--REPORT OF THE
On motion of Senator LAND, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LAND spoke on the Report.
On motion of Senator LAND, the Report of the Committee of Conference to H. 3993 was adopted as follows:
H. 3993--Conference Report
That the same do pass with the following amendments: (Reference is to Printer's Version May 31, 2000.)
/ SECTION 1. Section 4-37-30(A) of the 1976 Code, as last amended by Act 93 of 1999, is further amended to read:
"(A) Subject to the requirements of this section, the governing body of a county may impose by ordinance impose a one percent sales and use tax in an amount not to exceed one percent within its jurisdiction for a single project or for multiple projects and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the project or projects and a description of the project or projects for which the proceeds of the tax are to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, bridges, mass transit systems, greenbelts, and other transportation-related projects facilities including, but not limited to, drainage facilities relating to the highways, roads, streets, bridges, and other transportation-related projects;
(ii) jointly-operated projects, of the type specified in sub-subitem (i), of the county and South Carolina Department of Transportation; or
(iii) projects, of the type specified in sub-subitem (i), operated by the county or jointly-operated projects of the county and other governmental entities;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed twenty-five years or the length of payment for each project whichever is shorter in length, for which the tax may be imposed;
(c) the estimated capital cost of the project or projects to be funded in whole or in part from proceeds of the tax and the principal amount of bonds to be supported by the tax; and
(d) the anticipated year the tax will end.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. If the ordinance is received prior to January 1, 1998, a referendum for this purpose may be held on the Tuesday following the first Monday in November; however, if the ordinance is received on January 1, 1998, or thereafter, A referendum for this purpose must be held at the time of the general election. The commission shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days before the referendum after publication of a notice setting forth the date, time, and location of the public hearing. The notice must be published in a newspaper of general circulation in the county at least fourteen days before the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot for each purpose which purpose may, as determined by the governing body of a county, be set forth as a single question relating to several of the projects, and the question must read substantially as follows:
'I approve a special one percent sales and use tax in the amount of (fractional amount of one percent) (one percent) to be imposed in (county) for not more than (time) to fund the following project or projects:
Project (1) for __________ $ __________
Yes ___
No ___
Project (2), etc.'
In addition, the referendum, shall as determined by the governing body of a county, may contain a question on the authorization of general obligation bonds under the exemption provided in Section 14(6), Article X of the Constitution of South Carolina, 1895, so that revenues derived from the imposition of the optional sales and use tax may be pledged to the repayment of the bonds. The additional question must read substantially as follows:
'I approve the issuance of not exceeding $_____ of general obligation bonds of _____ County, maturing over a period not to exceed ___ years to fund the _____ project or projects.
No ___'
If the referendum on the question relating to the issuance of general obligation bonds is approved, the county may issue bonds in an amount sufficient to fund the expenses of the project or projects.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote 'yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote 'no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. The election commission shall conduct the referendum under pursuant to the election laws of this State, mutatis mutandis, and shall certify the result no later than November thirtieth after the date of the referendum to the appropriate governing body and to the Department of Revenue. Included in the certification must be the maximum cost of the project or projects or facilities to be funded in whole or in part from proceeds of the tax, the maximum time specified for the imposition of the tax, and the principal amount of bonds to be supported by the tax receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed effective the first day of May following the date of the referendum. If the certification is not timely made timely to the Department of Revenue, the imposition is postponed for twelve months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue determines that the tax has raised revenues sufficient to provide the greater of either the cost of the project or projects as approved in the referendum or the cost to amortize all debts related to the approved projects.
(6) When the optional sales and use tax is imposed, the governing body of the jurisdiction authorizing the referendum for the tax shall include by definition include more than one item as defined in (a)(i) and (a)(ii) to describe the single project or multiple projects for which the proceeds of the tax are to be used.
(7) Amounts collected in excess of the required proceeds must first must be applied, if necessary, to complete each project for which the tax was imposed. Any additional revenue collected above the specified amount must be applied to the reduction of debt principal of the imposing political subdivision on transportation infrastructure debts only.
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food lawfully purchased with United States Department of Agriculture food stamps are exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes under pursuant to Article 13, Chapter 36 of Title 12 must identify the county in which the tangible personal property purchase at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report separately in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under pursuant to this section in a county, either under pursuant to the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are billed regularly billed on a monthly basis, the special local sales and use tax is imposed beginning on the first day of the billing period beginning on or after the imposition date.
(15) The revenues of the tax collected in each county under pursuant to this section must be remitted to the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues and all interest earned on the revenues while on deposit with him quarterly to the county in which the tax is imposed and these revenues and interest earnings must be used only for the purpose stated in the imposition ordinance. The State Treasurer may correct misallocation costs or refunds by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively.
(16) The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information which must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240.
(17) The Department of Revenue may promulgate regulations necessary to implement this section."
SECTION 2. Section 4-37-40 of the 1976 Code, as added by Act 52 of 1995, is amended to read:
"Section 4-37-40. (A) In a county in which an ordinance is received by the county election commission pursuant to Section 4-37-30(A), if the county has previously imposed a local option sales and use tax pursuant to Chapter 10 of Title 4, the county election commission shall conduct a referendum at the same time as the referendum provided in Section 4-37-30(A) on the question of whether the local option sales and use tax imposed under Chapter 10 of Title 4 shall continue to be imposed. The question must read substantially as follows:
"Must a one percent sales and use tax continue to be levied in __________ County for the purpose of allowing a credit against a taxpayer's county and municipal ad valorem tax liability and for the purpose of funding county and municipal operations in the __________ County area?
(B) All qualified electors desiring to vote in favor of continuing the tax shall vote "yes" and all qualified electors opposed to continuing the tax shall vote "no". If a majority of the votes cast are in favor of continuing the tax, then the tax shall continue to be imposed as provided in Chapter 10 of Title 4; otherwise, the tax shall not continue to be imposed. If the vote in the referendum is to terminate the tax, the termination is effective on the first day of the first fiscal year following the referendum. Notwithstanding the termination date of the local option sales and use tax, with respect to services that are regularly billed on a monthly basis, the local option sales and use tax is terminated beginning on the first day of the billing period beginning on or after the termination date.
(C) The provisions of this section are independent of the referendum provided for in Chapter 10 of Title 4.
(D) Two weeks before the referendum, the county council and the municipal councils in the county area shall publish in a newspaper of general circulation within the jurisdiction the credit against property taxes in the most recent fiscal year. The notice must show the credit on the following classes of property:
(1) a primary residence;
(2) personal property including, but not limited to, an automobile;
(3) a commercial facility;
(4) an industrial facility.
(E) Except as otherwise provided herein, the provisions applicable to conducting and certifying the referendum provided in Section 4-37-30(A) shall also apply to the referendum provided in this section.
At no time may any portion of the county area be subject to more than one percent sales tax levied pursuant to this chapter, Article 3, chapter 10 of this title, or pursuant to any local legislation enacted by the General Assembly."
SECTION 3. Section 58-25-35 of the 1976 Code, as last amended by Act 43 of 1997, is further amended to read:
"Section 58-25-35. The members of a regional transportation authority created under authority of this chapter must be the municipalities within the service area as defined by this chapter and the counties within the unincorporated areas or of the service area of the authority."
"Section 58-25-40. The authority's board members, officers, and staff must be as follows:
(1) The members of the authority must be represented on the governing board of the authority by appointees of the governing bodies of the municipalities and counties within the service area as set forth in Section 58-25-35. The appointees may be elected officials of these local governing bodies and if so would serve in an ex officio capacity. The governing board of the authority must be made up of not more than two times the number of authority governmental members and up to three additional members appointed by the legislative delegation as provided in this section.
There must be at least five board members. The membership of the governing board must be apportioned among the member municipalities and counties proportionate to population within the authority's service area.
As many as three additional members of the governing board of a transportation authority may be appointed by the legislative delegations of the member counties if approved in accordance with the procedures set forth in Section 58-25-30. If the authority receives a grant of the state funds from the general fund or the highway fund, the delegation shall appoint three additional members. Unless the agreement provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members, including the resident senator, provided, however, if there is no resident senator, then a majority of the Senate delegation representing the county. No member government, regardless of population, may have less than one member on the board. County population must be determined after subtracting the member municipality population in that county. The terms of the representatives serving on the governing board of the authority must be staggered so that the terms of approximately one-third of the governing board expire each year. After the initial terms as set forth in the agreement to achieve staggered terms, subsequent terms must be for three years. Members of the governing board of the authority may be reimbursed for expenses incurred in connection with their service on the authority but they may not receive salaries, per diem, or other compensation. Members shall adopt and abide by rules governing meeting attendance.
(2) No county or municipality may be a member in more than one authority except that a metropolitan government may be a member of more than one authority when the services provided by the authorities are different.
(3) Subsequent to the activation of the authority, contiguous counties or municipalities not participating initially may become members of the authority with the same benefits as the initial members pursuant to the procedure set forth in Section 58-25-30 and with the approval by a majority vote of the board of the authority. If an election is required, it must be held only in the contiguous counties or municipalities that are seeking to become members of the authority.
(4) The board of the authority shall elect one of its members as chairman, one as vice-chairman, and other officers as may be necessary, to serve for one year in that capacity or until their successors are elected and qualify. A majority of the board constitutes a quorum. A vacancy on the board does not impair the right of the authority to exercise all of its rights and perform all of its duties. Upon the effective date of his appointment, or as soon after appointment as practicable, each board member shall enter upon his duties.
(5) A board member of the authority may be removed from office by the governing body which appointed him for misconduct, malfeasance, or neglect of duty in office. Any vacancy so created must be filled as provided above.
(6) The authority may employ an executive director, who may serve as secretary or treasurer, to serve at the pleasure of the authority. The executive director may employ any employees as may be necessary for the proper administration of the duties and functions of the authority and may determine the qualifications of the persons. The authority shall adopt compensation plans for employees."
SECTION 5. It is the intent of the General Assembly that the South Carolina Transportation Infrastructure Board accept applications for major highway and transportation projects submitted to the board, including the Bobby Jones Expressway Extension Application.
SECTION 6. This act takes effect upon approval by the Governor. /
/s/Sen. Glenn F. McConnell        /s/Rep. Ronald P. Townsend
/s/Sen. Thomas L. Moore           /s/Rep. Byron K. Webb
/s/Sen. Arthur Ravenel, Jr.       /s/Rep. Jesse E. Hines
RECALLED, AMENDED AND READ THE SECOND TIME
H. 4892 (Word version) -- Reps. Wilkins, McMahand and F. Smith: A BILL TO AMEND ACT 602 OF 1992, RELATING TO THE MANNER IN WHICH THE ANNUAL BUDGET AND TAX MILLAGE FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY MUST BE DETERMINED, SO AS TO PROVIDE THAT THE BOARD MAY ALSO RAISE THE SCHOOL MILLAGE AS NECESSARY, BUT AT A RATE NOT TO EXCEED FOUR MILLS IN ANY ONE YEAR, TO MAINTAIN A TEACHER SALARY SCHEDULE EQUAL TO THE SALARY SCHEDULE OF ANY OTHER SCHOOL DISTRICT IN THIS STATE.
Senator J. VERNE SMITH asked unanimous consent to make a motion to recall the Bill from the Greenville County Delegation.
The Bill was recalled from the Greenville County Delegation.
Senator J. VERNE SMITH asked unanimous consent to make a motion to proceed to a consideration of the Bill.
Senators J. VERNE SMITH, THOMAS, BRYAN, FAIR and ANDERSON proposed the following amendment (PT\2172DW00), which was adopted:
/ SECTION 1. (A) At the general election in 2000, the following referendum must be placed on the ballot in Greenville County:
"Shall the governing body of the School District of Greenville County be given full fiscal autonomy?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
(B) The state election laws apply to this referendum, mutatis mutandis, and the results of this referendum are advisory.
On motion of Senator J. VERNE SMITH, the Bill was read the second time, passed and ordered to a third reading.
H. 4892--Ordered to a Third Reading
On motion of Senator J. VERNE SMITH, H. 4892 was ordered to receive a third reading on Friday, June 2, 2000.
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Senator RICHARDSON asked unanimous consent to take the Bill up for immediate consideration.
Senator BRYAN proposed the following amendment (JUD4460.004), which was adopted:
Amend the bill, as and if amended, page 2, line 27, by adding the following appropriately numbered SECTIONS to read:
/ SECTION ___. Section 27-37-10 of the 1976 Code is amended to read:
"Section 27-37-10. (A) The tenant may be ejected upon application of the landlord or his agent when (a)(1) such the tenant fails or refuses to pay the rent when due or when demanded, (b)(2) the term of tenancy or occupancy has ended, or (c)(3) the terms or conditions of the lease have been violated.
(B) For residential rental agreements, nonpayment of rent within five days of the date due constitutes legal notice to the tenant that the landlord has the right to begin ejectment proceedings under this chapter if a written rental agreement specifies in bold conspicuous type that nonpayment of rent constitutes such notice. This requirement is satisfied if the written rental agreement contains the notice specified in Section 27-40-710(B)."
SECTION ___. Section 27-37-30, as last amended by Act 61 of 1999, is further amended to read:
"Section 27-37-30. (A) The copy of the rule provided for in Section 27-37-20 may be served in the same manner as is provided by law for the service of the summons in actions pending in the court of common pleas or magistrates courts of this State. The methods of service described in subsections (B) and (C) may be used as alternatives to the method of service described in this subsection.
(B) When no person can be found in possession of the premises, and the premises have remained abandoned, as defined in Section 27-40-730 for residential rental agreements and in Section 27-35-150 for non-residential rental agreements, for a period of fifteen days or more immediately before the date of service, the copy of the rule may be served by leaving it affixed to the most conspicuous part of the premises.
(C) When service as provided in subsection (A) has been attempted unsuccessfully three two times in the manner described in item (1), a copy of the rule may be served by affixing both it and documentation of the three two service attempts to the most conspicuous part of the premises and mailing a copy of the rule in the manner described in item (2):
(1) Each of the three two attempts to serve the defendant must be separated by a minimum of seventy-two forty-eight hours and must occur at times of day separated by a minimum of four eight hours. The person attempting to serve the rule must document the date and time of the attempts by affidavit or by certificate in the case of a law enforcement officer. On the first unsuccessful attempt to serve the rule, a copy of the rule must be affixed to the most conspicuous part of the premises. On the second unsuccessful attempt to serve the rule, The the documentation of the three two attempts to serve the rule must be attached to the copy of the rule when it is affixed to the most conspicuous part of the premises.
(2) For mailing by ordinary mail to be considered to complete service under this item, it must be accomplished by placing a copy of the rule and documentation of the prior attempts at service in an envelope in the presence of the clerk of the magistrate's magistrates court. The clerk is responsible for verifying that the envelope is addressed to the defendant at the address shown in the rule as the residence rental premises of the defendant or another address for receipt of mail furnished in writing by the tenant to the landlord, that the envelope contains the necessary documents, and that the clerk has placed the sealed and stamped envelope in the United States mail. The clerk's verification must be made a part of the record in the case, and service by ordinary mail shall is not be considered complete without the clerk's verification. A fee as provided for in Section 8-21-1010(14) shall must be collected by the magistrate or his clerk for the verification and mailing in this item.
(3) Mailing of the rule shall constitute constitutes service when the requirements of items (1) and (2) have been met and ten days have elapsed from the time of mailing. If these requirements have been met, the specified time period for the tenant to show cause why he should not be ejected as provided in Section 27-37-20 shall begin begins to run on the eleventh day after mailing. However, if the tenant contacts the magistrates court prior to the eleventh day, the specified time period for the tenant to show cause as provided in Section 27-37-20 shall begin to run at the time of contact." /
Senator RICHARDSON explained the amendment.
Senator McGILL proposed the following amendment (JUD4460.005), which was adopted:
Amend the bill, as and if amended, page 2, line 27, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 16-13-420 of the 1976 Code is amended to read:
"Section 16-13-420. (A) A person having any motor vehicle, trailer, appliance, equipment, or tool, clothing, or formal wear in his possession or under his control by virtue of a lease or rental agreement is guilty of larceny if he:
(1) wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool, clothing, or formal wear within seventy-two hours after the lease or rental agreement has expired;
(2) fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement.
The provisions of this section do not apply to lease-purchase agreements or conditional sales type contracts.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the rented or leased item is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the rented or leased item is more than one thousand dollars but less than five thousand dollars;
(3) misdemeanor triable in magistrate's court if the value of the rented or leased item is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury." /
RETURN REQUESTED FROM THE HOUSE
BILL RETURNED AS REQUESTED
On motion of Senator HOLLAND, the House was requested to return the Bill to the Senate.
The Bill was returned from the House, as requested.
S. 1425 (Word version) -- Senators Jackson, Matthews, Patterson, Ford, Glover, Anderson, Alexander, Bauer, Branton, Bryan, Courson, Courtney, Drummond, Elliott, Fair, Giese, Gregory, Grooms, Hayes, Holland, Hutto, Land, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Ravenel, Reese, Richardson, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE SENATOR MCKINLEY WASHINGTON, JR. ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA SENATE FOR HIS DISTINGUISHED SERVICE TO ALLENDALE, BEAUFORT, CHARLESTON, COLLETON, HAMPTON, AND JASPER COUNTIES AND THE STATE OF SOUTH CAROLINA.
S. 1430 (Word version) -- Senators Drummond and Holland: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 2000, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET ON TUESDAY, JUNE 20, 2000 AT 12:00 P.M., IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL THURSDAY, JUNE 22, 2000, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M., ON THURSDAY, JUNE 22, 2000, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Remarks by the PRESIDENT Pro Tempore
Senator DRUMMOND was recognized to address remarks to the Senate.
Mr. PRESIDENT, Members of the Senate:
I rise today to make a few final day comments and to say a few words about the way we've done our business this year.
I see around the Chamber the usual scars and bruises from five months of conflict and combat. Like every Senate I have ever known over these last three decades, we have fought hard and passionately over issues; otherwise, we wouldn't have been doing our jobs.
I've also seen on the faces of many of you the look that maybe we could have done better. Maybe we could have gotten it right. Maybe we could have gotten a few more dollars for this or that; maybe we could have moved that flagpole a foot or two this way or that. Maybe if we had worked a little harder, we could have made things exactly the way we wanted them.
My friends, that's something none of us may ever live to say. In all the years I've served in this body, I've never had the feeling that anything went exactly right. Far from it. There have been years when I left here thinking almost nothing went right.
But there's something all of us need to keep in mind. If the best interests of this State could be represented by the judgment and opinion of just one person, then somebody would have put a throne in one of our offices. The last time I looked, that had not happened.
Our way of doing things was never intended to be a winner-take-all proposition. It was never designed to reward the few at the expense of others. It wasn't meant to be a process by which anyone could make things exactly right. It's a system which brings together the Darrell Jacksons and Glenn McConnells to work things out. It forces the John Drummonds and the John Coursons to find areas of agreement; it brings together all the vast array of differing political and philosophical differences and requires that we do one thing: compromise.
Our system, they say, was designed for people who are not sure they are right. It is not meant to promote perfection; it's designed to require settlements and solutions.
So don't worry about whether things might have worked out better for each of you. We can always second-guess ourselves. Worry instead about whether the work of this body honored the collective will and wisdom of all its 46 members. That's what we were sent here to do.
I think we did, and I am grateful for the efforts of each of us in getting that job done. Take home with you the assurance that the will of the Senate, not the will of the individual, was honored, and for all its flaws and imperfections, that's the record each of us will carry with us.
Some of us, of course, may not be back next year. That's another way the process works. We have the best system of term limits ever developed anywhere. It's called primaries and general elections. The people themselves can limit the terms of any senator they wish simply by voting him or her out of office.
That's the final outcome, of course, as to whether we did a good job. But, as PRESIDENT Pro Tempore and Chairman of Senate Finance, I personally feel a great deal of pride and gratitude in the work we did together this year. I thank you for the cooperation and courtesy you extended me; I thank you for your willingness to stay here long hours if it was necessary; and I thank you for carrying on your hard work with good grace and dignity.
A tradition of civility is a wonderful thing. It's handed down like a legacy from generation to generation, from Senate to Senate, from General Assembly to General Assembly. It makes it possible for us to do the people's work with decency and respect, and, frankly, it's the best way I know to pass good laws and make good decisions.
It's what makes me and many of my colleagues look forward to coming back here year after year. As I stand here and look at the pictures on our wall of men like EDGAR BROWN, MARION GRESSETTE, REMBERT DENNIS and I. DeQUINCEY NEWMAN, I have fond personal memories of all of them, and I salute them for the tradition of human dignity they taught me and passed along as a legacy to all of us.
I thank you for honoring their memory, and I say to each of you, "Thank you. Hope to see you next January."
On motion of Senator COURSON, ordered printed in the Journal.
On motion of Senator McCONNELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Walter Ilderton of Charleston, S.C., beloved father-in-law of our colleague, Senator PASSAILAIGUE.
At 5:00 P.M., on motion of Senator PEELER, the Senate adjourned to reconvene tomorrow, June 2, 2000, at 11:00 A.M., under the provisions of S. 1430, the Sine Die Resolution, for the purpose of taking up local and uncontested matters which have previously received unanimous consent to be taken up.
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