Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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1996 HOUSE BILLS AND RESOLUTIONS

Return to the Contents Page of the House Bills and Resolutions Index

H. 4671 -- Reps. Seithel and Fleming: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, TO ENACT THE "HEALTH CARE CLAIM RECOVERY ACT" BY ADDING CHAPTER 17 SO AS TO PROVIDE FOR A LIEN FOR THE RECOVERY OF THE COST OF MEDICAL SERVICES RENDERED AND TO PROVIDE PROCEDURES FOR PERFECTING, CHALLENGING, AND ENFORCING THE LIEN.

H. 4672 -- Reps. Inabinett, Loftis, Cobb-Hunter, Neal, Vaughn, Lloyd, Meacham, Littlejohn, J. Hines, Breeland, Simrill, S. Whipper, Herdklotz, White, Govan, Clyburn, L. Whipper, Jaskwhich, Waldrop, Williams, Byrd, Haskins, J. Brown, Tripp and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE A LIMIT ON INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY DUE TO COUNTYWIDE REASSESSMENT PROGRAMS WHILE THE PROPERTY IS OCCUPIED BY THE SAME OWNER OR THAT OWNER'S SPOUSE, TO PROVIDE EXCEPTIONS, AND TO GIVE THIS PROVISION RETROACTIVE EFFECT IN CERTAIN INSTANCES WITHOUT ANY PROVISION FOR REFUNDS IN THESE LIMITED CASES.

H. 4673 -- Rep. Sharpe: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.

H. 4674 -- Reps. Harrison, Cromer, Knotts, Rogers, Thomas, Jennings, Harvin, Seithel, Richardson, J. Harris and J. Young: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

H. 4675 -- Reps. Cato, Bailey, Cain, Carnell, J. Harris, Jennings, Kirsh, Law, Martin, Mason, Richardson, Robinson, Sandifer, Thomas, Trotter, Young-Brickell, Limehouse, Harvin, McCraw, Easterday, Gamble, G. Brown, Meacham, Simrill, Worley, L. Whipper, Elliott, Williams and Neilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION"; TO AMEND SECTIONS 12-21-3340, 12-21-3350, AND 12-21-3470, RELATING TO THE LICENSE AND PROMOTER'S LICENSE REQUIRED FOR BINGO OPERATIONS, AND PERSONS PROHIBITED TO CONDUCT OR ASSIST IN BINGO OPERATIONS, SO AS TO REQUIRE THE BACKGROUND INFORMATION REQUIRED FOR APPLICANTS FOR SUCH LICENSES TO REFLECT CONVICTIONS WITHIN THE LAST TWENTY YEARS OF A FELONY, GAMBLING OFFENSE, CRIMINAL FRAUD, OR A CRIME FOR WHICH A SENTENCE OF TWO OR MORE YEARS MAY BE IMPOSED AND ALSO TO PROVIDE THAT THE PROHIBITION ON PERSONS CONDUCTING OR ASSISTING IN BINGO OPERATIONS WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES APPLIES WHEN THE CONVICTION HAS OCCURRED IN THE PAST TWENTY YEARS.

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 ATHLETES POSSESS A PHYSICIAN'S CERTIFICATE AND THE ATTENDANCE OF A PHYSICIAN AT THE RINGSIDE OF A BOXING EVENT, SO AS TO REQUIRE THE PHYSICIAN'S CERTIFICATE TO STATE THAT THE PARTICIPANT IS FREE OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).

H. 4678 -- Reps. Neilson, J. Hines, G. Brown and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.

H. 4679 -- Reps. Neilson, J. Hines and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-753 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER TRAVELING FIFTEEN MILES AN HOUR OR MORE OVER THE POSTED SPEED LIMIT IN HIS LAW ENFORCEMENT VEHICLE MUST ACTIVATE HIS BLUE LIGHTS AND SIREN.

H. 4680 -- Reps. Marchbanks, Rice, Robinson, Trotter, Cain, Chamblee and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. TULA LOUISE ODOM EDWARDS, WIFE OF ROBERT COOK EDWARDS, FORMER PRESIDENT OF CLEMSON UNIVERSITY, ON THE OCCASION OF THE CELEBRATION OF HER EIGHTIETH BIRTHDAY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HER SERVICE TO THE STATE AND TO CLEMSON UNIVERSITY.

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

H. 4682 -- Reps. Quinn, Wright, Haskins, Riser and Tripp: A BILL TO AMEND SECTION 44-93-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO EIGHT DOLLARS A TON; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT NO ADDITIONAL FEES MAY BE CREDITED TO THE FUND BUT THAT EXISTING FEES MUST BE RETAINED FOR THE PURPOSES OF THE FUND AND TO DELETE PROVISIONS REQUIRING REVENUE IN THE FUND IN EXCESS OF FIVE MILLION DOLLARS TO BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 44-93-210, RELATING TO THE AMOUNT OF INFECTIOUS WASTE THAT MAY BE BURNED BY A FACILITY, SO AS TO PROHIBIT A FACILITY FROM BURNING MORE THAN THREE THOUSAND TONS DURING A MONTH; TO REPEAL SECTION 44-93-180, RELATING TO LOCATING INSPECTORS AT COMMERCIAL INFECTIOUS WASTE TREATMENT FACILITIES AND ESTABLISHING A FEE SCHEDULE TO PAY FOR THE INSPECTORS; AND TO REPEAL SECTION 44-93-200, RELATING TO THE EXEMPTION FROM FEES FOR GENERATORS TREATING THEIR OWN INFECTIOUS WASTE.

H. 4683 -- Reps. Kelley, Keegan, Tripp, Mason, Rice, Littlejohn, Sandifer, Limehouse, Haskins, Whatley, Cooper, Askins, Meacham, J. Young, Chamblee, Stille, Wright, Gamble, Shissias, Young-Brickell, Riser, J. Harris, Witherspoon, Koon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-890 SO AS TO MAKE IT UNLAWFUL TO CONSUME OR POSSESS BEER, WINE, OR ALCOHOLIC LIQUOR IN AN ESTABLISHMENT PROVIDING ENTERTAINMENT AND TO WHICH ENTRY IS OBTAINED BY PAYING AN ADMISSION CHARGE UNLESS THE ESTABLISHMENT IS PERMITTED OR LICENSED FOR THE ON-PREMISES CONSUMPTION OF THESE BEVERAGES, TO MAKE IT UNLAWFUL FOR ANY PERSON CHARGED WITH THE MANAGEMENT OF SUCH AN ESTABLISHMENT TO ALLOW THESE BEVERAGES TO BE BROUGHT ONTO THE PREMISES OF AN UNPERMITTED OR UNLICENSED ESTABLISHMENT, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

H. 4684 -- Reps. Felder and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT LOCALLY IMPOSED REAL PROPERTY TRANSFER FEES EXCEPT WHERE SPECIFICALLY AUTHORIZED BY GENERAL LAW AND PROVIDE PHASE-OUT PROCEDURES.

H. 4685 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

H. 4686 -- Rep. Hodges: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

H. 4687 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION CONGRATULATING CMI INDUSTRIES, INC., ON ITS CENTENNIAL CELEBRATION.

H. 4688 -- Reps. Fulmer, Limehouse, Whatley, Seithel, Hallman and Harrell: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN AN AMOUNT EQUAL TO THE INCREASE IN THE COST OF LIVING SINCE THE LAST REASSESSMENT DATE, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED THE PROPERTY MAY BE ASSESSED AT THE FAIR MARKET VALUE, TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY OWNED BY PERSONS ELIGIBLE FOR THE HOMESTEAD EXEMPTION MUST NOT INCREASE AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, AND TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY THAT HAS BEEN OWNED AND OCCUPIED BY THE SAME OWNER OR THE OWNER'S SPOUSE CONTINUOUSLY SINCE 1992 MAY NOT BE GREATER THAN ONE HUNDRED PERCENT HIGHER THAN THE ASSESSED VALUE OF THE PROPERTY IN 1992.

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

H. 4690 -- Rep. J. Harris: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 7, 1996, FOR THE PRESENTATION OF THE ANNUAL ELIZABETH O'NEILL VERNER AWARDS.

H. 4691 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF WALTER SHERARD MCADAMS OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4692 -- Rep. Keegan: A BILL TO AMEND SECTION 39-20-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF A LIEN WITHOUT JUDICIAL INTERVENTION CONCERNING SELF-STORAGE FACILITIES, SO AS TO DELETE THE REQUIREMENT THAT THE OWNER NOTIFY OTHER PARTIES WITH SUPERIOR LIENS, DELETE THE REQUIREMENT THAT THE OWNER MAKE A DETAILED INVENTORY OF THE PERSONAL PROPERTY SUBJECT TO THE LIEN, ALLOW THE OWNER TO DISPOSE OF THE PROPERTY AT PUBLIC SALE AFTER FIFTEEN RATHER THAN FOURTEEN DAYS FROM THE DELIVERY OF A CERTIFIED LETTER, AND DELETE THE REQUIREMENT THAT THE OWNER ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION WHERE THE SELF-STORAGE FACILITY IS LOCATED OF THE SALE TO THE HIGHEST BIDDER OF THE PROPERTY SUBJECT TO THE LIEN.

H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.

H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO THE CONDITIONS AND EXEMPTIONS STATED IN THIS SECTION AND IN APPLICABLE FEDERAL LAW, THAT A LEC SHALL NEGOTIATE THE RATES, TERMS, AND CONDITIONS FOR LOCAL INTERCONNECTION, THAT NOTHING IN CHAPTER 9 OF TITLE 58 SHALL BE INTERPRETED TO LIMIT OR RESTRICT ANY RIGHT THAT ANY LOCAL EXCHANGE CARRIER MAY HAVE UNDER FEDERAL LAW, AND THAT ANY LOCAL EXCHANGE CARRIER, UPON A SHOWING OF CHANGED CIRCUMSTANCES OR THAT IT IS NECESSARY OR APPROPRIATE TO REALIGN RATES WITH THE COSTS OF VARIOUS TELECOMMUNICATIONS COMPONENTS, MAY PETITION THE COMMISSION TO RE-EXAMINE ANY RATES THAT HAVE BEEN CAPPED PURSUANT TO THE PROVISIONS OF CHAPTER 9 OF TITLE 58 AND TO SET NEW PRICE CAPS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY LEC MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS DETERMINED PURSUANT TO THE PLAN DESCRIBED IN SECTION 58-9-576(B), AS LONG AS THE COMMISSION HAS APPROVED A LOCAL INTERCONNECTION AGREEMENT IN WHICH THE LEC IS A PARTICIPANT WITH AN ENTITY DETERMINED BY THE COMMISSION NOT TO BE AFFILIATED WITH THE LEC OR THE COMMISSION DETERMINES THAT ANOTHER PROVIDER'S SERVICE COMPETES WITH THE LEC'S BASIC LOCAL EXCHANGE TELEPHONE SERVICE; AND SECTION 58-9-577, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, ANY SMALL LEC MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION.

H. 4695 -- Reps. Simrill, Delleney, Kirsh, Meacham, McCraw and Moody-Lawrence: A HOUSE RESOLUTION COMMENDING DR. JERRY H. PADGETT, THE RETIRING DEAN OF THE SCHOOL OF BUSINESS ADMINISTRATION AT WINTHROP UNIVERSITY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO WINTHROP, YORK COUNTY, AND THE STATE OF SOUTH CAROLINA.

H. 4696 -- Reps. G. Brown and Sheheen: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF DR. ROY JEFFERSON JOHNSON OF CAMDEN, SOUTH CAROLINA, UPON HIS DEATH.

H. 4697 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST `96 AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS THE KCBS STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE FOR 1996.

H. 4698 -- Reps. Wilkes and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-761 SO AS TO PROHIBIT THE SHOOTING OR HUNTING OF BIG GAME FROM ANY PUBLIC, PAVED ROAD IN GAME ZONES 1, 2, AND 4, PROVIDE FOR PENALTIES AND EXEMPTIONS, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 50-11-760, RELATING TO HUNTING OF ALL GAME FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTIES.

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

H. 4700 -- Reps. J. Young, McElveen, Canty, G. Brown, Neal, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SERGEANT CHARLES B. KUBALA, SR., THE SUMTER COUNTY DEPUTY SHERIFF WHO WAS KILLED IN THE LINE OF DUTY ON FEBRUARY 26, 1996.

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES AND TO AMEND SECTION 34-3-320 RELATING TO EXAMINATIONS OF BANKS SO AS TO REQUIRE AN EXAMINATION EVERY TWENTY-FOUR MONTHS RATHER THAN EIGHTEEN MONTHS.

H. 4702 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.

H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

H. 4705 -- Reps. Easterday, Sandifer, Tripp, Rice, Trotter, Cato and Loftis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO PERMIT A MORTGAGE LOAN BROKER TO CONDUCT BUSINESS WITHOUT HAVING TO MAINTAIN A PRINCIPAL OFFICE OR "AN OFFICIAL PLACE OF BUSINESS" UNDER CERTAIN CONDITIONS.

Last Updated: Monday, June 29, 2009 at 1:45 P.M.