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(2) in the case of unclaimed funds of twenty-five fifty dollars or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;

(3) in the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder;

(4) the nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under twenty-five fifty dollars each may be reported in the aggregate;

(5) the date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and

(6) other information the administrator prescribes by rule as necessary for the administration of this chapter.

(C) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his name while holding the property, he shall file with his report all known names and addresses of each previous holder of the property.

(D) The report must be filed before November first of each year as of June thirtieth, next preceding, but the report of any life insurance company must be filed before May first of each year as of December thirty-first next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date.

(E) Not more than one hundred twenty days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his last known address informing him that the holder is in possession of property subject to this chapter if:

(1) the holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate;

(2) the claim of the apparent owner is not barred by the statute of limitations; and

(3) the property has a value of fifty dollars or more."

"Section 27-18-190. (A) The administrator shall cause a notice to be published not later than March first, or in the case of property reported by life insurance companies, September first, of the year immediately following the report required by Section 27-18-180 at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this State, the notice must be published in the county in which the holder of the property has its principal place of business within this State.

(B) The published notice must be entitled `Notice of Names of Persons Appearing to be Owners of Abandoned Property' and contain:

(1) the names in alphabetical order and last known address, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (A);

(2) a statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and

(3) a statement that if proof of claim is not presented by the owner to the holder and the owner's right to receive the property is not established to the holder's satisfaction before April twentieth, or, in the case of property reported by life insurance companies, before October twentieth, the property will be placed not later than May first, or in the case of property reported by life insurance companies, not later than November first, in the custody of the administrator and all further claims must thereafter be directed to the administrator.

(C) The administrator is not required to publish in the notice any items of less than fifty dollars unless the administrator considers their publication to be in the public interest.

(D) Not later than March first, or in the case of property reported by life insurance companies, not later than September first, of the year immediately following the report required by Section 27-18-180, the administrator shall mail a notice to each person whose last known address is listed in the report and who appears to be entitled to property of the value of fifty dollars or more presumed abandoned under this chapter and any beneficiary of a life or endowment insurance policy or annuity contract for whom the administrator has a last known address.

(1) a statement that, according to a report filed with the administrator, property is being held to which the addressee appears entitled;

(2) the name and last known address of the person holding the property and any necessary information regarding the changes of name and last known address of the holder; and

(3) a statement that, if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the published notice, the property will be placed in the custody of the administrator and all further claims must be directed to the administrator.

(F) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under Section 27-18-50."

SECTION 4. Section 27-18-200 of the 1976 Code, as last amended by Act 658 of 1988, Part II, Section 34A, is further amended to read:

"Section 27-18-200. (A) Except as otherwise provided in subsections (B) and (C), aA person who is required to file a report under Section 27-18-180, within six months after the final date for filing the report as required by Section 27-18-180, shall pay or deliver to the administrator all abandoned property required to be reported.

(B) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

(C) Property reported under Section 27-18-180 for which the holder is not required to report the name of the apparent owner must be delivered to the administrator at the time of filing the report.

(D)(B) The holder of an interest under Section 27-18-110 shall deliver a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership to the administrator. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar, or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provision of Section 27-18-210 to every person, including any person acquiring the original certificate or the duplicate of the certificate issued to the administrator, for any losses

SECTION 5. Section 34-19-50 of the 1976 Code is amended to read:

"Section 34-19-50. A lessor shall permit the person named in a court order for the purpose, or if no order has been served upon the lessor, the spouse, a parent, an adult descendant or a person named as an executor in a copy of a purported will produced by him, to open and examine the contents of a safe-deposit box leased by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer, manager, or assistant manager of the lessor; and the lessor, if so requested by such person, must deliver:

(1) Any writing purporting to be a will of the decedent to the executor, if one be therein named, otherwise to the court having jurisdiction of the decedent's estate;

(2) Any writing purporting to be a deed to a burial plot or to give burial instructions to the person making the request for a search; and

(3) Any document purporting to be an insurance policy on the life of the decedent to the beneficiary named therein.

No other contents shall be removed, pursuant to this section until an executor or administrator qualifies and makes claim to the contents.

The removal of any contents of any safe-deposit boxes or deposits for safekeeping other than such as hereinabove permitted shall remain subject to Sections 12-15-1560 and 12-15-1570."

SECTION 6. Sections 12-16-1520 and 12-16-1530 of the 1976 Code are repealed.

SECTION 7. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

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

On motion of Rep. CATO, with unanimous consent, it was ordered that S. 296 be read the third time tomorrow.

Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, February 27, which was adopted.

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

The following Bill was taken up.

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22364SD.96), which was adopted.

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

/SECTION 1. The General Assembly finds and declares that:

(A) Under the copyright laws of the United States, a copyright owner may enforce the rights thereof against the owners of restaurants, bars, retail establishments, doctors' and other professionals' offices, and similar places of business where members of the public may assemble, for the public performance of music, whether it be in person by a performing

(B) These proprietors, usually small businessmen and women who through their businesses and professions contribute to the economy of this State and employ its citizens, recognize the copyright laws of the United States and the purposes for which they were enacted and should be enforced, and acknowledge their obligations thereunder for use of copyrighted works in their places of business.

(C) The proprietors of such establishments have raised substantial concerns as to enforcement and collections practices by the owners of these copyrights or their agents. These proprietors are entitled to certain safeguards in the operation of their businesses, which will protect them from any arbitrary, capricious, and unfair trade practices, permit them to negotiate fairly with the copyright owners or their agents in arriving at appropriate terms and conditions for the use of the copyrighted work in their places of business, and thereafter will assure them, with some reasonable degree of certainty, the ability to ascertain their true obligations and rights in the future use of such copyrighted work.

(D) Although the rights and responsibilities regarding copyrighted works are founded in Article I, Section VIII, Clause 8 of the United States Constitution and exclusively governed by Title 17 of the United States Code, it is nonetheless essential that the State of South Carolina protect its business owners and citizens from the practices of those who would enforce their rights under the federal law in an arbitrary and capricious manner.

(E) It is therefore in the best interests of the State, its business community and consumers alike, that the following be enacted.

SECTION 2. Title 39 of the 1976 Code is amended by adding:

Section 39-18-10. As used in this chapter:

(1) `Copyright owner' means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, Public Law 94-553. `Copyright owner' shall not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work.

(2) `Performing rights society' means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, including but not limited to the American

(3) `Proprietor' means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business or professional office located in this State in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the members of the public there assembled.

(4) `Royalty' or `royalties' means the fees payable to a copyright owner or performing rights society for the public performance of nondramatic musical work.

Section 39-18-20. No performing rights society shall enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any time thereafter, but no later than seventy-two hours before the execution of that contract, it provides to the proprietor in writing, the following:

(1) a schedule of the rates and terms of royalties under the contract;

(2) notice, that it will make available upon the written request of a proprietor, the most current available list of members or affiliates represented by the performing rights society and the most current available list of no less than the performed works that it licenses. The lists required by this subsection (2) shall be provided to the proprietor electronically at his option. The performing rights society may charge the proprietor for such information an amount not to exceed its actual cost of producing such information.

Section 39-18-30. Every contract for the payment of royalties executed, issued or renewed in this State on or after the effective date of this chapter shall:

(1) be in writing;

(2) be signed by the parties;

(3) be for a specific period after which term the contract shall be automatically renewed upon the same terms and conditions unless either party thereto provides written notice at least thirty days before the termination date of that contract of its desire to terminated that contract or to change its terms and conditions, utilizing the same annual percentage of increases, if any, as provided in the initial contract. This provision shall not apply to a contract offered to a proprietor if the terms of the contract were negotiated between a performing rights society and a bona fide national or state trade association, representing similarly situated proprietors, or determined by a federal court to be applicable to similarly situated proprietors;

(a) the proprietor's name and business address and the name and location of each place of business to which the contract applies;

(b) the duration of the contract; and

(c) the schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.

Section 39-18-40. No performing rights society, or any agent or employee thereof shall:

(1) on the premises of the proprietor's business, discuss with the proprietor or his employees, or inquire of them regarding, a contract for the payment of royalties by a proprietor or the use of copyrighted works by that proprietor without first identifying himself to the proprietor or his employees;

(2) with respect to contracts executed, issued or renewed on or after the effective date of this chapter, collect or attempt to collect a royalty payment or any other fee except as provided in a contract executed pursuant to the provisions of this chapter;

(3) engage in any coercive conduct, act or practice in negotiating with a proprietor that is disruptive to the proprietor's business, or charging or collecting a royalty which is unreasonably higher or lower than the music licensing agency's published rate charts in the area for similar businesses consistent with federal consent decrees.

Section 39-18-50. Any person who suffers a violation of this chapter may bring an action to recover actual damages and reasonable attorney's fees, may seek an injunction to enjoin the violation, and may seek any other available remedy allowed by law.

Section 39-18-60. The rights, remedies, and prohibitions accorded by the provisions of this chapter shall be in addition to and cumulative of any other right, remedy, or prohibition accorded by common law, federal law, or the statutes of this State, and nothing contained in this chapter shall be construed to deny, abrogate, or impair any such common law or statutory right, remedy, or prohibition.

Section 39-18-70. This chapter shall not apply to:

(1) contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission; and

(2) investigations conducted by law enforcement agencies or other persons with respect to a suspected violation of Sections 16-11-910, 16-11-915, 16-11-920, 16-11-930, 16-11-940, or any combination of these sections.

SECTION 3. If any provision of Chapter 18, Title 39 of the 1976 Code or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid, the remainder of this chapter and the application of such provision to other persons or circumstances are not affected thereby, and it is to be conclusively presumed that the General Assembly would have enacted the remainder of this chapter without such invalid or unconstitutional provision.

SECTION 4. This act takes effect July 1, 1996./

Renumber sections to conform.

Amend title to conform.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

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

On motion of Rep. KELLEY, with unanimous consent, it was ordered that H. 4078 be read the third time tomorrow.

The following Bill was taken up.

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

Amend the bill, as and if amended, in Section 54-7-100 of the 1976 Code, as contained in SECTION 1, by adding after /Hunley/ on line 40, page 2, the following:

/Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission./

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

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

On motion of Rep. QUINN, with unanimous consent, it was ordered that S. 1014 be read the third time tomorrow.

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

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

H. 4677 -- Reps. Limehouse, Cain and Robinson: A BILL TO AMEND SECTION 52-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING THAT CERTAIN

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

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