South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, January 15, 1991

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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:

Beloved, hear the word from the Book of Joshua, when Joshua (6:7):

"Said to the people,

`GO FORWARD'".
Let us pray.

Lord, God of the Universe, as we return from the burial of a sitting Senator, John Charles "Jack" Lindsay, a beloved colleague, lift up our hearts!

One man's talents and commitment is no more.

A familiar voice is stilled.

But we know that life goes on!

We, indeed, believe that in the finest sense of the term... the Senate... is a continuing body.

The dynamics will change. Some will assume new roles. All of us will take on expanded responsibilities.

Unite us anew in doing, amidst the vagaries of our system, what is good... better... and best for all South Carolina's concerns.

Hear our prayers that we still may have... no war! And support us as we say with Longfellow: "Thou, too, sail on, O Ship of State!

.........

Our hearts, our hopes, are all with thee.

Our hearts, our hopes, our prayers, our tears,

Our faith, triumphant o'er our fears,

Are all with thee, are all with thee!

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

COMMUNICATIONS RECEIVED

THE STATE OF SOUTH CAROLINA MILITARY DEPARTMENT

January 15, 1991

TO: Members of the S.C. General Assembly

The S.C. National Guard and The National Guard Association's annual legislative reception was scheduled for this evening, 15 January 1991. With the grave situation that now exists in the Persian Gulf, the decision has been made to cancel this reception tonight.

We are asking and encouraging the members of the General Assembly and the public to go to the church of their choice and pray for almighty God's divine intervention on behalf of our servicemen and women stationed in the Persian Gulf region.

T. Eston Marchant
Major General, SCARNG
The Adjutant General

THE SENATE OF SOUTH CAROLINA

January 11, 1991
The Honorable James M. Waddell, Jr.
South Carolina State Senate
111 Gressette Building
Columbia, South Carolina 29202

Dear Jim:

I have been called to active duty with the Air National Guard for service in the Persian Gulf. As an officer and fighter pilot in the guard for many years, I accept this responsibility and obligation willingly. Unfortunately, only God knows how long I, the men and women of the South Carolina Air National Guard as well as our other military personnel in that region will be gone. Therefore, I must respectfully ask leave from my Senate responsibilities for an extended period.

As I leave, my concerns are few. I know that the integrity of the South Carolina Senate and our Legislature as a body is strong and that you will meet the demands of the most difficult session in the history of our State. I have confidence that my fellow employees at my business with the help of our friends and neighbors in Sumter will continue to succeed. Therefore, I find that my main concerns as I leave focuse on my family and the fact that I will not be there. I would ask for your prayers and support of the men and women serving in the Persian Gulf and for the families of each of the men and women left behind during this crisis.

Thank you for your support. May God bless and keep you as you address the difficult problems that face our communities, our State and our Nation.

Yours sincerely,
Phil P. Leventis

Senator WADDELL, with unanimous consent, spoke on the communication.

(On motion of Senator LOURIE, with unanimous consent, ordered printed in the Journal)

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 1354
Promulgated By Insurance Department
Life Reinsurance Agreements (69-48)
Received By Lt. Governor January 10, 1991
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 9, 1991

Document No. 1355
Promulgated By Insurance Department
Valuation of Investments (69-35)
Received By Lt. Governor January 10, 1991
Referred to Senate Committee on Banking and Insurance
120 day review expiration date May 9, 1991

HOUSE CONCURRENCE

S. 395 -- Senator Saleeby: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT INSURANCE STUDY COMMITTEE TO STUDY THE SOUTH CAROLINA REINSURANCE FACILITY WITH REGARD TO ITS RATES, LOSSES, OPERATION, AND EFFECTS OF CESSATION LIMITATION.

Returned with concurrence.

Received as information.

S. 442 -- Senators Peeler, Hayes and Hinson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. DAVID DEWITT SKINNELL OF YORK COUNTY WHO DIED ON MONDAY, JANUARY 7, 1991.

Returned with concurrence.

Received as information.

Doctor Of The Day

Senator LEATHERMAN introduced Dr. Steve Imbeau of Florence, Doctor of the Day.

Leave Of Absence

Senator SHEALY requested and was granted a leave of absence for Tuesday, Wednesday and Thursday of next week.

Leave Of Absence

On motion of Senator MOORE, Senator MULLINAX was granted a leave of absence for today.

Point Of Privilege

Senator DRUMMOND rose to a Point of Privilege.

Point Of Personal Privilege

Senator MITCHELL rose to a Point of Personal Privilege.

MOTION ADOPTED

On motion of Senator HORACE C. SMITH, with unanimous consent, Senator-elect Glenn Reese was introduced and his swearing-in ceremony was scheduled for Wednesday, January 16, 1991, at 2:45 P.M.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 464 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION DIRECTING THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS FOR PROCEDURES TO BE FOLLOWED BY UTILIZATION REVIEW FIRMS INCLUDING ACCREDITATION, NOTIFICATION REQUIREMENTS, APPEALS PROCEDURES, ACCESSIBILITY OF REVIEW AGENCIES, PERSONNEL QUALIFICATIONS, INFORMATIONAL MATERIAL, CONFIDENTIALITY, AND UTILIZATION REQUIREMENTS.

Whereas, the South Carolina Joint Insurance Study Committee has conducted a study of utilization review firms doing business in South Carolina; and

Whereas, the study included consideration of the procedures to be followed by utilization review firms to insure the health and safety of the citizens of this State and the containment of health care costs in this State; and

Whereas, the promulgation of regulations by the Chief Insurance Commissioner is necessary to implement procedures to be followed by utilization review firms to achieve the health and safety of our citizens and health care cost containment. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the Chief Insurance Commissioner is directed to promulgate regulations, in accordance with the rule making authority vested in him, containing at least the following provisions:

(A) Each utilization review firm shall seek accreditation through the Utilization Accreditation Commission.

(B) Each utilization review firm shall establish procedures so that its operation is in accordance with the following requirements:

(1) Notification of Decisions Both Favorable and Adverse:

(a) Telephone notification of decisions within one business day must be communicated to the individual who requests a review telephonically (subscriber or provider).

(b) Written notification and decisions must be mailed to the insured or provider within five business days.

(2) Appeals Process:

(a) An initial appeal of a decision must be documented to have been reviewed by a licensed physician. In addition, a licensed physician consultant to the review agent must be available for direct appeals from providers within one business day of a request for appeal.

(b) The review agent must provide a structure for the conduct of formal grievance procedures. The formal grievance procedure must include a physician consultant and provide a review by a physician consultant in the medical specialty most appropriate to the case in question.

(c) The appeals process must contain specific time frames for the resolution of appealed cases:

(i) forty-eight hours for an informal appeal;

(ii) thirty days for a formal grievance process.

(3) Accessibility:

(a) The review agency must be accessible to insureds and providers in South Carolina for a minimum of forty hours a week during the hours of 9:00 a.m. to 5:00 p.m., South Carolina time.

(b) The review agency must provide toll-free telephone lines with sufficient accessibility to ensure a reasonable response to inquiry. A reasonable time frame for response would be an average telephone queue time not to exceed sixty seconds.

(4) Qualifications of Personnel:

At a minimum, the review agent must be a currently licensed nurse or physician. Additionally, the review agent must have the immediate availability of a licensed physician consultant for interface with providers in South Carolina.

(5) Booklets and other materials designed to inform patients regarding the requirements of the utilization plan and their rights and responsibility under that plan must include, at a minimum, correct telephone numbers and addresses of the review agent, and a description of the appeals process and the grievance process.

(6) Confidentiality of medical information must be assured. A confidentiality statement must be included in the informational materials described in (5) above. A description of medical record handling procedures also must be included in the application for a certificate.

(C) Application for a certificate filed by a review agent must include detailed specific references to the utilization criteria that form the basis of their utilization program. For example, InterQual criteria may be quoted as the source document for a utilization review program.

Referred to the Committee on Banking and Insurance.

S. 465 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION REQUESTING THAT THE GENERAL ASSEMBLY CONSIDER ESTABLISHING A PROGRAM THAT PROVIDES TAX INCENTIVES OR DIRECT SUBSIDIES TO SMALL BUSINESSES WHICH OFFER HEALTH INSURANCE TO THEIR EMPLOYEES.

Whereas, the South Carolina Joint Insurance Study Committee has undertaken a study to improve the access of affordable health insurance to small businesses and their employees; and

Whereas, one finding of the committee is that the uninsured population can be reduced by providing incentives to small businesses to offer health insurance to their employees. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly recognize the increasing cost of health insurance for small businesses by considering establishment of a program that provides tax incentives or direct subsidies, or both, to small businesses which offer health insurance to their employees.

Referred to the Committee on Finance.

S. 466 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION DIRECTING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO REVIEW THE MEDICAID ELIGIBILITY REQUIREMENTS AND DETERMINE THE NUMBER OF ELIGIBLE MEDICAID RECIPIENTS WHO ARE DENIED BENEFITS BECAUSE OF FAILURE TO COMPLY WITH MEDICAID PROCEDURAL REQUIREMENTS.

Whereas, the South Carolina Joint Insurance Study Committee has undertaken a study to reduce the rate of increase in health care costs in South Carolina and the number of the uninsured population; and

Whereas, the Joint Health Care Planning and Oversight Committee currently is studying the Medicaid procedural requirements and should be commended for its efforts; and

Whereas, one finding of the committee is that a large number of eligible Medicaid recipients are not offered benefits because of procedural denials; and

Whereas, the uninsured population could be reduced if the number of eligible Medicaid recipients being denied benefits through procedural denials is reduced. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the Health and Human Services Finance Commission conduct a review of the Medicaid eligibility requirements to determine the number of eligible Medicaid recipients being denied benefits because of failure to comply with Medicaid procedural requirements.

Referred to the Committee on Medical Affairs.

S. 467 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION TO EXAMINE METHODS OF INCREASING THE LEVEL OF CARE PROVIDED BY BOARDING HOMES AND NURSING HOMES.

Whereas, the State of South Carolina presently has a patient classification system which results in overutilization of hospital and nursing home facilities for patients needing less than acute care; and

Whereas, the State of South Carolina has a shortage of nursing home facilities to meet the needs of her citizens; and

Whereas, present studies show the number of individuals likely to need long-term residential care facilities will increase in the future. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the South Carolina Joint Insurance Study Committee examine and develop a mechanism to provide adequate state-supported boarding home and nursing home facilities which will insure, through an appropriate medical protocol and funding formula, that proper medical care will be provided in these facilities so that transfer to acute care hospitals will not be necessary and more effective utilization of the state's health care resources and facilities will occur.

Referred to the Committee on Medical Affairs.

S. 468 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; AND TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION.

Read the first time and referred to the Committee on Banking and Insurance.

S. 469 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL CAPITAL AND SURPLUS, AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; AND TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990.

Read the first time and referred to the Committee on Banking and Insurance.

S. 470 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

Read the first time and referred to the Committee on Banking and Insurance.

S. 471 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND TO DEFINE TERMS; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; AND TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES.

Read the first time and referred to the Committee on Banking and Insurance.

S. 472 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-185 SO AS TO REQUIRE SUFFICIENT FUNDING TO ENSURE THAT ALL PRESCHOOL AGED CHILDREN ARE IMMUNIZED TO MEET THE STATUTORY REQUIREMENT FOR ADMISSION TO SCHOOL.

Read the first time and referred to the Committee on Finance.

S. 473 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

Read the first time and referred to the Committee on Finance.

S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.

Read the first time and referred to the Committee on Finance.

S. 475 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-611 SO AS TO PROHIBIT THE USE OF CAMPAIGN FUNDS TO MAKE POLITICAL CONTRIBUTIONS TO ANOTHER CANDIDATE.

Read the first time and referred to the Committee on Judiciary.

S. 476 -- Senators McConnell, Peeler, Martschink, Passailaigue, Washington, Macaulay and O'Dell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE VICTIMS' AND WITNESSES' BILL OF RIGHTS.

Read the first time and referred to the Committee on Judiciary.

S. 477 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-772, SO AS TO REQUIRE A PERSON WHO ASSISTS A VOTER IN PREPARING HIS BALLOT TO COMPLETE A "VOTER'S REQUEST FOR ASSISTANCE FORM," PROVIDE WHAT MUST BE INCLUDED IN THE FORM, WHO MUST MAINTAIN THE COMPLETED FORMS, AND THE PROCEDURE FOR HANDLING THE FORMS IN CASE OF A PROTEST.

Read the first time and referred to the Committee on Judiciary.

H. 3188 -- Rep. Wilkins: A BILL TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEE

Invitations Accepted

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from Clemson University to attend an appreciation dinner at the Sandhill Research and Education Center on January 22, 1991, beginning at 6:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from S.C. Conference of Black Mayors to attend a Legislative Reception at the Radisson Hotel on January 23, 1991 from 6:00 - 8:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the Diocese of Charleston to attend an Ecumenical Prayer Service and Reception at St. Peter's Church on January 23, 1991, beginning at 7:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. Association of Council on Aging Directors to attend a breakfast at the Holiday Inn on January 24, 1991, beginning at 8:00 A.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. Farm Bureau to attend a banquet at the Ellison Building on January 29, 1991, beginning at 7:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. School Boards Association to attend a Legislative Reception at the State Museum on January 29, 1991, from 7:00 - 9:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the Palmetto State Teachers Association to attend a buffet breakfast at the Radisson Hotel on January 30, 1991, from 8:00 - 9:00 A.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from DHEC to attend the Third Annual Legislative Cardiovascular Health Check on Wednesday, January 30, 1991, from 9:00 A.M. to 4:00 P.M. in the main lobby of the State House.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. School Boards Association to attend the Governors Conference on Education/Legislative Luncheon at the Cantey Building, beginning at 1:30 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. Association for Counciling and Development and the S.C. Association for Marital and Family Therapy to attend a Legislative Reception on January 30, 1991, from 6:00 - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the S.C. Broadcasters Association to attend a Legislative Reception at the Capital City Club on January 30, 1991, from 8:00 - 10:00 P.M.

The invitation was accepted.

Senator MOORE, from the Committee on Invitations, submitted a favorable report on:

An invitation from the Association for Retarded Citizens of S.C. to attend a drop-in for Legislators, Room #208, Blatt Building, from 8:30 10:00 A.M.

The invitation was accepted.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED STATEWIDE CALENDAR.

THIRD READING BILL

The following Joint Resolution was severally read the third time, passed and ordered sent to the House of Representatives:

S. 463 -- Senator Waddell: A JOINT RESOLUTION TO APPROVE THE DISSOLUTION OF THE BEAUFORT COUNTY RECREATION DISTRICT IN BEAUFORT COUNTY, TO PROVIDE FOR THE TRANSFER AND CONVEYANCE OF THE FUNCTIONS AND ASSETS OF THE DISTRICT TO A DEPARTMENT OF BEAUFORT COUNTY GOVERNMENT, AND TO REPEAL ACT 1732 OF 1972, RELATING TO THE CREATION OF THE BEAUFORT COUNTY RECREATION DISTRICT.

(By prior motion of Senator WADDELL, with unanimous consent)

SECOND READING BILLS

The following Bill having been read the second time was passed and ordered to a third reading:

S. 151 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO AUTHORIZE THE DISTRICT'S BOARD OF TRUSTEES TO CONVEY REAL ESTATE, WATER RIGHTS, AND PROPERTY RIGHTS IN ADDITION TO ITS OTHER POWERS.

Point Of Order

S. 445 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 5 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO THE DETERMINATION OF WHEN A SENATOR HAS THE FLOOR, SO AS TO REQUIRE A SENATOR DESIRING TO SPEAK TO RISE AND ADDRESS THE PRESIDENT AND TO PROVIDE THAT THE SENATOR DESIRING TO SPEAK MAY NOT PROCEED UNTIL HE IS RECOGNIZED BY THE PRESIDENT.

Senator McCONNELL raised a Point of Order that under Rule 40, the Senate Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

CARRIED OVER

S. 444 -- Senator Stilwell: A SENATE RESOLUTION TO AMEND RULE 7 OF THE RULES OF THE SENATE OF SOUTH CAROLINA, RELATING TO QUESTIONS OF ORDER IN THE SENATE, SO AS TO REQUIRE THE PRESIDING OFFICER TO MAINTAIN ORDER IN THE SENATE CHAMBER AND GALLERY IF A VISITOR CREATES A DISTURBANCE.

Senator STILWELL explained the Senate Resolution.

(On motion of Senator FIELDING, carried over)

MOTION ADOPTED

On motion of Senator WADDELL, with unanimous consent, the Senate agreed that for the remainder of the month of January, 1991, that on Tuesdays the Senate will convene at 2:30 P.M., and that when it adjourns, it shall stand adjourned to meet on Wednesdays at 2:30 P.M., and when it adjourns on Wednesday, it shall stand adjourned to meet on Thursdays at 12:00 Noon, and when the Senate adjourns on Thursday, January 31, 1991, it shall stand adjourned to meet thereafter in accordance with the rules of the Senate. However, on Tuesday, January 22, 1991, the Senate will convene at 12:00 Noon.

MOTION ADOPTED
On motion of Senator WADDELL, on behalf of the entire membership of the Senate, the Senate stood adjourned out of respect to the memory of our beloved colleague, Senator JOHN C. "JACK" LINDSAY, who will always be affectionately known as the Senator from Marlboro.

ADJOURNMENT

At 1:42 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 2:30 P.M.

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