WEDNESDAY, JUNE 9, 1999
Wednesday, June 9, 1999
(Local Session)
Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the ACTING PRESIDENT, Senator WILSON.
Message from the House
Columbia, S.C., June 3, 1999
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Rep. Ott in lieu of Rep. Gilham to a Committee of Conference on the part of the House on:
H.3617 -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M.McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE “SOUTH CAROLINA MARINE RESOURCES ACT OF 1999”, AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 441152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 501295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 5013650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 5021175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 5013990 AS SECTION 5021180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 505130, 5013190, 5013320, 5013530, 5013700, 5013735, 5013770, 5013795, 5013800, 5013805, 5013815, 5019320, AND 5019330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
Very respectfully,
Speaker of the House
Received as information.
RATIFICATION OF ACTS
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on June 9, 1999, at 3:11 P.M. and the following Acts and Joint Resolutions were ratified:
(R102, S. 27) -- Senator Leventis: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 471210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, TO PROVIDE FOR LAWFUL AUCTIONS, RAFFLES, GIFTS, AND TESTING OF LIVE ANIMALS, TO PROVIDE FOR EXCEPTIONS AND OCCASIONS WHEN THE SECTION DOES NOT APPLY, AND TO PROVIDE FOR PENALTIES.
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(R103, S. 33) -- Senators Moore, O’Dell, Elliott, Giese, Rankin, Washington and Setzler: AN ACT TO AMEND SECTION 4047211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS OF THE MEDICAL DISCIPLINARY COMMISSION TO THIRTYSIX MEMBERS, TO REVISE THE PROCEDURES WHEREBY MEMBERS ARE SELECTED INCLUDING A REQUIREMENT THAT ATLARGE MEMBERS TO BE CURRENTLY LICENSED AND ACTIVELY PRACTICING MEDICINE IN SOUTH CAROLINA, TO ALLOW THE BOARD TO APPOINT PAST COMMISSIONERS TO HEAR COMPLAINTS IN INDIVIDUAL CASES, AND TO REVISE COMPLAINT PROCEDURES.
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(R104, S. 37) -- Senators Hayes, Elliott, Giese, Rankin and Branton: AN ACT TO AMEND SECTION 2740710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONAL PROPERTY BELONGING TO A RESIDENTIAL TENANT WHO HAS BEEN EVICTED, SO AS TO REQUIRE THE REMOVAL BY APPROPRIATE MUNICIPAL OR COUNTY OFFICIALS OF SUCH PERSONAL PROPERTY IN A PUBLIC STREET OR HIGHWAY AFTER FORTY-EIGHT HOURS AND TO PROVIDE THAT, IF THE PREMISES IS LOCATED IN A MUNICIPALITY OR COUNTY THAT DOES NOT COLLECT TRASH OR DEBRIS FROM THE PUBLIC HIGHWAYS, THEN AFTER A PERIOD OF FORTYEIGHT HOURS, THE LANDLORD MAY REMOVE THE PERSONAL PROPERTY FROM THE PREMISES AND DISPOSE OF IT IN THE MANNER THAT TRASH OR DEBRIS IS NORMALLY DISPOSED OF IN SUCH MUNICIPALITIES OR COUNTIES; AND TO REPEAL SECTION 2740735 RELATING TO A REDUNDANT PROVISION FOR THE DISPOSITION OF PERSONAL PROPERTY OF AN EVICTED TENANT.
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(R105, S. 38) -- Senators McConnell, Passailaigue, O’Dell, Elliott, Leventis, Wilson, Branton, Russell, Hutto, Glover, Rankin, Washington, Grooms and Short: A JOINT RESOLUTION TO NAME THE BRIDGE TO BE BUILT REPLACING THE JOHN P. GRACE BRIDGE AND THE SILAS N. PEARMAN BRIDGE IN CHARLESTON COUNTY THE “ARTHUR RAVENEL, JR. BRIDGE” AND TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL ERECT SUCH SIGNS AS APPROPRIATE TO DESIGNATE AND NAME THE NEW BRIDGE OVER THE COOPER RIVER AS THE “ARTHUR RAVENEL, JR. BRIDGE”.
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(R106, S.70) -- Senators Hayes and Elliott: AN ACT TO AMEND SECTION 154130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
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(R107, S. 87) -- Senators Thomas, Elliott and Hayes: AN ACT TO AMEND SECTION 273730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES TO SHOW CAUSE IN EJECTMENT PROCEEDINGS, SO AS TO AUTHORIZE SERVICE OF THE RULE BY POSTING AND MAILING AFTER THREE PRIOR ATTEMPTS TO SERVE THE RULE HAVE BEEN UNSUCCESSFUL, AND TO PROVIDE SPECIFIC PROCEDURES FOR SERVICE PRIOR TO POSTING AND FOR MAILING.
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(R108, S. 102) -- Senators Passailaigue, Hayes, Elliott, Leventis, Ryberg, Giese, Wilson, Reese, Setzler, Drummond, Bryan, Martin, Branton, Courtney, Fair, J.VerneSmith, Russell and Mescher: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO ADD CHAPTER 54 CREATING THE “SOUTH CAROLINA DRUG DEALER LIABILITY ACT” WHICH PROVIDES A CIVIL REMEDY FOR DAMAGES FOR MONETARY, NONECONOMIC, AND PHYSICAL LOSSES TO PERSONS AND COMMUNITIES INCURRED AS A RESULT OF AN INDIVIDUAL’S USE OF ILLEGAL CONTROLLED SUBSTANCES.
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(R109, S. 150) -- Senators Wilson, Elliott, Leventis, Branton, Hayes and Reese: AN ACT TO AMEND SECTION 5631815, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY’S AUTHORITY TO ISSUE SPECIAL LICENSE PLATES TO RETIRED MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A SPECIAL LICENSE PLATE TO A RETIRED MEMBER OF THE SOUTH CAROLINA NATIONAL GUARD AND TO MEMBERS OF THE SOUTH CAROLINA STATE GUARD ONLY AFTER THE CURRENT STOCK OF SOUTH CAROLINA GUARD, NATIONAL GUARD, AND SOUTH CAROLINA NATIONAL GUARD RETIRED LICENSE PLATES IS EXHAUSTED; TO AMEND SECTION 5631820, AS AMENDED, RELATING TO THE DESIGN OF AND FEE FOR THE NATIONAL GUARD SPECIAL LICENSE PLATE, SO AS TO REVISE THE DESIGN OF THE LICENSE PLATE TO PROVIDE A SPACE ON THE LICENSE PLATE TO AFFIX A DECAL THAT INDICATES THE BRANCH OF THE GUARD IN WHICH THE LICENSE PLATE APPLICANT IS AFFILIATED, TO DELETE THE TERM “NATIONAL GUARD” AND A RETIRED MEMBER’S STATUS FROM BEING PRINTED ON THE LICENSE PLATE, TO ALLOW THE DEPARTMENT TO PLACE LETTERS OR BOTH NUMBERS AND LETTERS ON THE LICENSE PLATE, AND TO PROVIDE THAT THE LICENSE PLATE MUST BE ISSUED ONLY AFTER THE CURRENT STOCK OF SOUTH CAROLINA STATE GUARD, NATIONAL GUARD, AND SOUTH CAROLINA NATIONAL GUARD RETIRED LICENSE PLATES IS EXHAUSTED; TO AMEND SECTION 5631830, RELATING TO THE TRANSFER OF A NATIONAL GUARD SPECIAL LICENSE PLATE TO ANOTHER VEHICLE, ITS DISPLAY ON AN UNAUTHORIZED VEHICLE, AND ITS RETURN TO THE DEPARTMENT OF PUBLIC SAFETY ONCE THE HOLDER CEASES TO BE A MEMBER OF THE NATIONAL GUARD, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO LEASED VEHICLES AND MEMBERS OF THE STATE GUARD; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF LICENSE PLATES ON BEHALF OF THE H.L. HUNLEY SUBMARINE; TO AMEND SECTION 563620, AS AMENDED, RELATING TO VEHICLE REGISTRATION FEES FOR HANDICAPPED PERSONS AND PERSONS OF VARIOUS AGES, SO AS TO REVISE THE VEHICLE REGISTRATION FEES FOR TRUCKS, AND CERTAIN PROPERTY CARRYING VEHICLES; TO AMEND SECTION 563630, AS AMENDED, RELATING TO THE CLASSIFICATION OF CERTAIN VEHICLES AS PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE WEIGHT OF TRUCKS THAT ARE CLASSIFIED AS PRIVATE PASSENGER MOTOR VEHICLES, AND PROVIDE THAT THIS PROVISION DOES NOT RELIEVE OR NEGATE FEES REQUIRED FOR SELFPROPELLED PROPERTY CARRYING VEHICLES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 81 SO AS TO PROVIDE FOR THE ISSUANCE OF NONPROFIT ORGANIZATION LICENSE PLATES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 82 SO AS TO PROVIDE CERTAIN GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF CERTAIN SPECIAL LICENSE PLATES; TO AMEND SECTION 5633710, AS AMENDED, RELATING TO THE ISSUANCE OF LICENSE PLATES WITH COLLEGE OR UNIVERSITY EMBLEMS, SO AS TO PROVIDE THAT A SCHOOL MAY REQUEST A CHANGE IN ITS LICENSE PLATE’S EMBLEM, SEAL, OR OTHER SYMBOL ONCE THE EXISTING INVENTORY OF THE LICENSE PLATE HAS BEEN EXHAUSTED; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF “SOUTH CAROLINA: FIRST IN GOLF” LICENSE PLATES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 73 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 83 SO AS TO PROVIDE FOR THE ISSUANCE OF ROTARY INTERNATIONAL SPECIAL LICENSE PLATES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 84 SO AS TO PROVIDE FOR THE ISSUANCE OF MARINE CORPS LEAGUE SPECIAL LICENSE PLATES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 85 SO AS TO PROVIDE FOR THE ISSUANCE OF LIONS CLUB SPECIAL LICENSE PLATES; TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF COUNTY VETERANS AFFAIRS OFFICERS SPECIAL LICENSE PLATES; AND TO REPEAL SECTIONS 5634710, 5634720, 5634730, AND 5634740, ALL RELATING TO THE ISSUANCE OF SOUTH CAROLINA STATE GUARD SPECIAL LICENSE PLATES.
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(R110, S. 177) -- Senator Jackson: AN ACT TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMBLEMS, PLEDGES TO THE STATE, AND OFFICIAL OBSERVANCES, BY ADDING SECTION 11688 SO AS TO DESIGNATE THE SPIRITUAL AS THE OFFICIAL MUSIC OF THE STATE.
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(R111, S. 277) -- Senators Thomas, Giese and Wilson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1613470 SO AS TO PROVIDE THAT ATTEMPTING TO DEFRAUD OR DEFRAUDING A DRUG OR ALCOHOL SCREENING TEST BY VARIOUS MEANS OR THROUGH THE USE OF VARIOUS DEVICES IS UNLAWFUL, AND TO PROVIDE PENALTIES.
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(R112, S. 337) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: AN ACT TO AMEND SECTION 3429160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR PURPOSES OF CREDIT COVERAGE, A DEFINITION OF THE APPROXIMATE AMOUNT OF THE DEBT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 3429161, SO AS TO PROVIDE THAT NO PERSON MAY ACT OR ATTEMPT IN A LOAN TRANSACTION TO PREVENT THE FILING OR RECEIVING OF PAYMENT ON A LEGITIMATE INSURANCE CLAIM, 3429162, SO AS TO PROVIDE FOR THE CIRCUMSTANCES GOVERNING THE SITUATION OCCURRING WHEN A CONSUMER DEFERS, REFINANCES, OR CONSOLIDATES A LOAN AND THE INSURANCE COVERAGE ON THE ORIGINAL LOAN HAS NOT LAPSED, 3429163, SO AS TO PROVIDE THAT, FOR PURPOSES OF THE CONSUMER FINANCE LAW, A POLICY OR CERTIFICATE OF INSURANCE MAY NOT BE DECLARED VOID AND THE INSURER MAY NOT AVOID LIABILITY BASED UPON A MISREPRESENTATION MADE BY THE INSURED WITH RESPECT TO INFORMATION PROVIDED REGARDING MEDICAL CONDITIONS OR HEALTH HISTORY REQUIRED IN FURNISHING CERTAIN EVIDENCE OF INSURABILITY, 3429164, SO AS TO PROVIDE THAT THE AMOUNT CHARGED FOR NONFILING INSURANCE COVERAGE MAY NOT EXCEED SEVENTYFIVE PERCENT OF THE DEFINED OFFICIAL FEE, 3429165, SO AS TO PROVIDE THAT CONSUMER CREDIT INSURANCE PROVIDED BY A CREDITOR MAY BE SUBJECT TO FURNISHING EVIDENCE OF INSURABILITY SATISFACTORY TO THE INSURER, AND 3429166, SO AS TO PROVIDE THAT IF A CREDITOR PROVIDES INSURANCE, THE INSURANCE SHALL BE EVIDENCED BY AN INDIVIDUAL POLICY OR CERTIFICATE DELIVERED TO THE DEBTOR AT THE TIME OF THE TRANSACTION WHERE THE DEBTOR IS PRESENT AT THE CREDITOR’S PLACE OF BUSINESS; TO AMEND SECTION 371301, AS AMENDED, RELATING TO DEFINITIONS FOR THE CONSUMER PROTECTION CODE, SO AS TO PROVIDE FOR WHAT “OFFICIAL FEES” DOES NOT MEAN; TO AMEND SECTION 374105, RELATING TO THE CONSUMER PROTECTION CODE AND THE REQUIREMENT THAT CONDITIONS APPLYING TO INSURANCE BE PROVIDED BY THE CREDITOR, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EACH POLICY OR CERTIFICATE OF CREDIT LIFE INSURANCE OR CREDIT ACCIDENT AND SICKNESS INSURANCE SHALL SET FORTH CERTAIN INFORMATION ON THE FIRST PAGE OF THE POLICY, OR BE ATTACHED THERETO, IN A MANNER THAT IS CLEAR AND CONSPICUOUS AND ACHIEVES A CERTAIN MAXIMUM GRADE LEVEL SCORE; TO AMEND SECTION 374110, RELATING TO THE CONSUMER PROTECTION CODE AND THE CHARGE FOR INSURANCE IN CONNECTION WITH A DEFERRAL, REFINANCING, OR CONSOLIDATION, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A CREDITOR MAY NOT CONTRACT FOR OR RECEIVE A SEPARATE CHARGE FOR INSURANCE IN CONNECTION WITH A DEFERRAL, A REFINANCING OR A CONSOLIDATION UNLESS CERTAIN ACTIONS OCCUR; TO AMEND SECTION 374201, RELATING TO CONSUMER CREDIT INSURANCE AND THE TERM OF THE INSURANCE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IF EVIDENCE OF INSURABILITY IS REQUIRED AND THE INSURED’S ELIGIBILITY IS TO BE DETERMINED BY INQUIRIES ABOUT EXISTING OR PAST MEDICAL CONDITIONS, THE MEDICAL CONDITIONS INQUIRED ABOUT MUST BE CLEARLY AND CONSPICUOUSLY DISCLOSED IN PLAIN LANGUAGE ON FORMS PROMULGATED OR APPROVED BY THE DEPARTMENT OF INSURANCE WHICH ACHIEVE A CERTAIN MAXIMUM GRADE LEVEL SCORE; TO AMEND SECTION 374202, RELATING TO THE AMOUNT OF CONSUMER CREDIT INSURANCE, SO AS TO PROVIDE THAT, FOR PURPOSES OF CREDIT COVERAGE, THE “APPROXIMATE AMOUNT OF THE DEBT” MEANS THE PERIODIC INSTALLMENT PAYMENT MULTIPLIED BY THE NUMBER OF SCHEDULED PERIODIC INSTALLMENT PAYMENTS FOR A LOAN WITH A TERM OF SIXTY MONTHS OR LESS AND FURTHER MEANS THE AMOUNT NECESSARY TO LIQUIDATE THE REMAINING DEBT IN A SINGLE LUMPSUM PAYMENT EXCLUDING ALL UNEARNED INTEREST AND OTHER UNEARNED FINANCE CHARGES PLUS SIX MONTHLY INSTALLMENT PAYMENTS FOR A LOAN WITH A TERM IN EXCESS OF SIXTY MONTHS; TO AMEND SECTION 374203, AS AMENDED, RELATING TO CONSUMER CREDIT INSURANCE AND THE FILING AND APPROVAL OF RATES AND FORMS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE EXCEPTION REGARDING LIFE INSURANCE, PROVIDE THAT, EFFECTIVE JANUARY 1, 2001, CREDIT LIFE INSURANCE PREMIUMS FOR EACH ONE HUNDRED DOLLARS OF INDEBTEDNESS ARE CONSIDERED REASONABLE AND MAY BE CHARGED IF THEY ARE NOT GREATER THAN THE AMOUNTS GIVEN IN THE SPECIFIED TABLE TIMES THE NUMBER OF YEARS, OR FRACTION OF A YEAR THAT THE INDEBTEDNESS COVERED BY INSURANCE IS SCHEDULED TO CONTINUE, AND PROVIDE SIMILARLY FOR THE PERIOD COMMENCING JANUARY 1, 2003; TO AMEND THE 1976 CODE BY ADDING SECTIONS 374205, SO AS TO PROVIDE THAT NO PERSON MAY ACT OR ATTEMPT IN A CONSUMER CREDIT TRANSACTION TO PREVENT THE FILING OR RECEIVING OF PAYMENT ON A LEGITIMATE INSURANCE CLAIM, AND PROVIDE FOR DAMAGES, FEES, AND COSTS, 374206, SO AS TO PROVIDE THAT REQUIRED DISCLOSURES MUST BE GIVEN AND ACKNOWLEDGED, BUT NEED NOT BE SIGNED BY THE DEBTOR, IN A CONSUMER TRANSACTION THAT MEETS CERTAIN ENUMERATED REQUIREMENTS, 374207, SO AS TO PROVIDE A POLICY OR CERTIFICATE OF INSURANCE IN A CONSUMER CREDIT TRANSACTION MAY NOT BE DECLARED VOID AND THE INSURER MAY NOT AVOID LIABILITY BASED UPON A MISREPRESENTATION MADE BY THE INSURED WITH RESPECT TO INFORMATION PROVIDED REGARDING MEDICAL CONDITIONS OR HEALTH HISTORY REQUIRED IN FURNISHING EVIDENCE OF INSURABILITY THAT IS NOT CAUSALLY RELATED TO THE CONTINGENCY OR EVENT BY WHICH THE POLICY CLAIM ARISES, 374208, SO AS TO PROVIDE THAT, FOR CONSUMER CREDIT TRANSACTIONS, THE AMOUNT CHARGED FOR NONFILING INSURANCE COVERAGE MAY NOT EXCEED SEVENTYFIVE PERCENT OF THE “OFFICIAL FEE”, 374209, SO AS TO PROVIDE THAT NOTHING IN CHAPTER 4 OF TITLE 37 (CONSUMER PROTECTION CODE AND INSURANCE) SHALL BE CONSTRUED TO PROHIBIT THE CREDITOR FROM COMBINING CERTAIN REQUIRED DISCLOSURES WITH OTHER DISCLOSURES REQUIRED UNDER STATE AND FEDERAL LAW IN ORDER TO AVOID REDUNDANCY, AND 374210, SO AS TO PROVIDE, FOR PURPOSES OF CONSUMER CREDIT TRANSACTIONS AND INSURANCE, THAT DISABILITY SHALL NOT BE DEFINED MORE RESTRICTIVELY THAN THE INABILITY OF THE INSURED TO ENGAGE IN HIS OWN OCCUPATION DURING THE FIRST YEAR OF DISABILITY OR FOR THE LENGTH OF THE BENEFIT PERIOD IF LESS THAN ONE YEAR; TO PROVIDE A SEVERABILITY PROVISION FOR THIS ACT; TO AMEND SECTION 383910, AS AMENDED, RELATING TO INSURANCE PREMIUM SERVICE COMPANIES, SO AS TO PROVIDE THAT CHAPTER 39 OF TITLE 38 (INSURANCE PREMIUM SERVICE COMPANIES) DOES NOT APPLY TO A SUPERVISED LENDER PROVIDED FOR IN TITLE 37 AUTHORIZED TO DO BUSINESS IN SOUTH CAROLINA; TO AMEND SECTION 373202, AS AMENDED, RELATING TO THE CONSUMER PROTECTION CODE, LOANS, AND ADDITIONAL CHARGES, SO AS TO PROVIDE THAT AN ADDITIONAL CHARGE MAY BE MADE FOR INSURANCE WRITTEN IN CONNECTION WITH A CONSUMER LOAN OTHER THAN INSURANCE PROTECTING THE LENDER AGAINST THE DEBTOR’S DEFAULT OR OTHER CREDIT LOSS WITH RESPECT TO NONCREDIT TERM LIFE INSURANCE, UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS; TO AMEND SECTION 375202, RELATING TO THE CONSUMER PROTECTION CODE, DEBTORS’ REMEDIES, AND THE EFFECT OF CERTAIN VIOLATIONS ON THE RIGHTS OF PARTIES, SO AS TO PROVIDE THAT IF A CREDITOR HAS VIOLATED ANY PROVISIONS OF TITLE 37 APPLYING TO NONCREDIT TERM LIFE INSURANCE UNDER SECTION 373202(2), THE CONSUMER HAS A CAUSE OF ACTION TO RECOVER ACTUAL DAMAGES AND ALSO A RIGHT IN AN ACTION, OTHER THAN A CLASS ACTION TO RECOVER A PENALTY IN AN AMOUNT DETERMINED BY THE COURT OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS; AND TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, PRIOR TO THE EFFECTIVE DATE OF THIS ACT, TO REVIEW ANY POLICIES AND FILINGS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS ACT IN ORDER TO “TRANSITION” INTO ANY ADDITIONAL OR ALTERED REQUIREMENT PROVIDED THEREIN BY THIS ACT, AND PROVIDE THAT ANY ACTION OF THE DEPARTMENT TO IMPLEMENT THIS ACT PRIOR TO JANUARY 1, 2000, IS SUBJECT TO THE PROVISIONS, REQUIREMENTS, AND LAW OF THIS ACT EFFECTIVE ON JANUARY 1, 2000.