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:
Hear again, fresh meaning from "The New English Bible" rendering... Psalm 25(vv. 4-5):
"Make thy paths known to me,
O Lord; teach me thy ways.
Lead me in thy truth and teach me;
Thou art my saviour.
For thee I have waited all the day long,
For the coming of thy goodness, Lord."
Let us pray.
Dear Lord, we have made promises to many
people! Help us to keep those promises...
if we can!
Daily, transform us from the kind of people the world would make of us into the kind of people that can truly be called... THE PEOPLE OF GOD!
As we take up the Calendar for today, we pray, with the Psalmist:
"Teach me thy ways".
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator WADDELL made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator WADDELL moved that a call of the Senate be made. The following Senators answered the call:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martin Martschink McConnell McGill McLeod Mitchell Moore Mullinax O'Dell Passailaigue Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Waddell Williams Wilson
The Senate resumed.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:05 P.M. and the following Acts and Joint Resolutions were ratified:
(R313) S. 802 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL HOME BUILDERS COMMISSION, RELATING TO LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R314) S. 803 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO ADVERTISING, RESIDENCE REQUIREMENT, CREDIT REPORT, BRANCH OFFICE, LICENSING, CLOSING STATEMENTS, EXAMINATIONS, BROKER, SALESMEN AND PROPERTY MANAGERS, HANDLING OF FUNDS, AGE REQUIREMENT, SIGN ON OFFICE, DISPLAY OF LICENSE, FAILURE OF EXAMINATION, MANAGEMENT AGREEMENTS, MULTI-UNIT RENTAL PROPERTY, EMPLOYEE DUTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1100, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R315) S. 1102 -- Senator McGill: AN ACT TO AMEND ACT 632 OF 1980, AS AMENDED BY ACT 289 OF 1987, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.
(R316) S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 70 SO AS TO PROVIDE FOR THE REGULATION OF "UTILIZATION REVIEWS" AND "PRIVATE REVIEW AGENTS" IN REGARD TO HEALTH CARE SERVICES GIVEN OR PROPOSED TO BE GIVEN TO A PATIENT OR A GROUP OF PATIENTS.
(R317) S. 623 -- Senator Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-9-75 SO AS TO PROVIDE THAT IN ALL CASES WHERE INDICES AFFECTING REAL PROPERTY ARE REQUIRED TO BE MAINTAINED IN THE OFFICES OF THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES AND WHERE THESE INDICES ARE MAINTAINED BY ELECTRONIC OR COMPUTER MEANS, THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES SHALL PROVIDE AT LEAST A SECOND OR BACKUP COPY OF THE INDICES WHICH MUST BE AVAILABLE FOR USE BY THE PUBLIC IN THE EVENT OF DESTRUCTION OR UNAVAILABILITY OF THE ELECTRONIC INDICES.
(R318) S. 986 -- Senator Waddell: AN ACT TO AMEND ACT 515 OF 1982, RELATING TO THE ANNUAL MARCH OF DIMES BEAUFORT BRIDGE RUN, SO AS TO CHANGE THE DATE OF THE EVENT FROM THE THIRD SATURDAY IN OCTOBER TO THE SECOND SATURDAY IN OCTOBER.
(R319) S. 1066 -- Senator McGill: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FAIR DEAL WAREHOUSE CORPORATION IN WILLIAMSBURG COUNTY.
(R320) S. 1046 -- Senators Rose and Helmly: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., IN BERKELEY COUNTY.
(R321) S. 456 -- Senators Wilson, Shealy and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-21-85 SO AS TO AUTHORIZE A CIRCUIT JUDGE TO ORDER THAT JURY SELECTION IN A CRIMINAL CASE BE CONDUCTED IN ANOTHER COUNTY AND THE JURY, WHEN SELECTED, BE TRANSPORTED FOR THE DURATION OF THE TRIAL TO THE COUNTY IN WHICH THE TRIAL OCCURS.
(R322) S. 574 -- Banking and Insurance Committee: AN ACT TO AMEND SECTIONS 11-1-70 AND 11-9-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE THEIR INVESTMENT IN SECURITIES ISSUED BY THE AFRICAN DEVELOPMENT BANK.
(R323) S. 570 -- Senator Long: AN ACT TO AMEND SECTION 6-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REVENUE BOND REFINANCING ACT OF 1937, SO AS TO REVISE THE DEFINITION OF "MUNICIPALITY".
(R324) S. 562 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX, GENERAL REQUIREMENTS FOR RATIO STUDY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R325) S. 1047 -- Senator Setzler: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAYCE-WEST COLUMBIA CIVITAN CLUB IN LEXINGTON COUNTY.
(R326) S. 1045 -- Senator Giese: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COLUMBIA MEDICAL SOCIETY OF RICHLAND COUNTY, SOUTH CAROLINA, INC.
(R327) S. 1103 -- Senator Martschink: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOD EARTH, INC., IN CHARLESTON COUNTY.
(R328) H. 3244 -- Reps. Koon, Sturkie and Klapman: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-3-165 SO AS TO PROVIDE THAT ARCHITECTS SHALL NOT ENTER INTO CONTRACTS FOR PROFESSIONAL SERVICES EXCEPT BY DIRECT NEGOTIATION, AND TO PROVIDE THAT AN ARCHITECT MAY STATE COMPENSATION TO A PROSPECTIVE CLIENT IN DIRECT NEGOTIATION WHERE ARCHITECTURAL SERVICES NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE HAVE BEEN DEFINED.
(R329) H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION; TO AMEND SECTION 12-35-580, RELATING TO A STATEMENT AND PREPAYMENT OF ESTIMATED SALES TAX LIABILITY, SO AS TO EXCLUDE THE IMPOSITION OF THE LOCAL OPTION SALES AND USE TAX FROM THE SECTION AND TO PROVIDE FOR AN ALLOCATION TO AND REIMBURSEMENT BY THE TAX COMMISSION FOR ADMINISTRATIVE EXPENSES TO IMPLEMENT THE TAX.
(R330) H. 4287 -- Reps. Klapman, Sturkie, Sharpe, Derrick, Felder and Koon: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO ELIMINATE THE RESTRICTION WHICH LIMITS MEMBERS OF THE COMMISSION TO NO MORE THAN TWO CONSECUTIVE TERMS.
(R331) H. 3861 -- Rep. Nesbitt: AN ACT TO AMEND SECTION 59-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE REQUISITE STUDY OF AND EXAMINATION CONCERNING THE UNITED STATES CONSTITUTION FOR PURPOSES OF GRADUATION FROM HIGH SCHOOL AND COLLEGE, SO AS TO INCLUDE THE DECLARATION OF INDEPENDENCE AND THE FEDERALIST PAPERS.
(R332) H. 4157 -- Rep. McElveen: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF WHITAKER'S INC. OF SUMTER IN SUMTER COUNTY.
(R333) H. 3574 -- Rep. Beasley: AN ACT TO AMEND SECTION 59-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL SCHOOL FOR SCIENCE AND MATHEMATICS FOR THE PURPOSE OF FOSTERING EDUCATIONAL DEVELOPMENT OF HIGH SCHOOL JUNIORS AND SENIORS IN THIS STATE WHO ARE ACADEMICALLY TALENTED, SO AS TO PROVIDE THAT DESIGNEES OF THE EX OFFICIO MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL MAY SERVE IN THEIR PLACE ON THE BOARD.
(R334) H. 4197 -- Rep. White: AN ACT TO AMEND ACT 589 OF 1986, RELATING TO THE BOARD OF EDUCATION FOR BEAUFORT COUNTY, SO AS TO DELETE PROVISIONS RELATING TO FILLING A VACANCY WHEN THE REMAINDER OF THE TERM EXCEEDS TWENTY-SIX MONTHS, PROVIDE THAT THE OFFICE MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING BEAUFORT COUNTY IF THE UNEXPIRED TERM IS TWELVE MONTHS OR LESS, AND PROVIDE A PROCEDURE FOR CONDUCTING A SPECIAL ELECTION TO FILL A VACANCY WHEN THE REMAINDER OF THE UNEXPIRED TERM IS MORE THAN TWELVE MONTHS.
January 25, 1990
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointments, Members, Orangeburg County Board of Voter Registration, with terms to expire March 15, 1992:
George R. Barnes, 491 Partridge, NW, Orangeburg, S.C. 29115
Clarence B. Jenkins, Route 1, Box 218, Neeses, S.C. 29107
James Davis, Route 2, Box 278, Eutawville, S.C. 29048
Mrs. Dorothy D. Kennerly, Route 1, Box 2424, Cordova, S.C. 29039
Mrs. Adele Palmieri, 1469 Dogwood Drive, NE, Orangeburg, S.C. 29115
January 25, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
The South Carolina Council of Administrators of Special Education is sponsoring a Legislative Luncheon Reception on Wednesday, February 7, 1990 at 1:00 P.M. or upon adjournment in Room 208 of the Solomon Blatt Building.
The purpose of the reception is to support the State Department of Education's funding request for regional educational therapy services for seriously emotionally disturbed children in South Carolina.
I have talked to Ms. Dottie Martin and she has reserved the room pending my written request to you.
Thank you for your assistance and I hope to discuss this concern with your personally at the reception.
Sincerely,
Emmala E. Barnett, Ed.D.
Referred to Committee on Invitations.
January 24, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
On behalf of the Developmental Disabilities Council, Office of the Governor, I wish to extend an invitation to members of the South Carolina Senate to join the Council and our special guest, Mr. James S. Brady, for a luncheon to be held in honor of the General Assembly, on February 21, 1990, upon recess from their respective Chambers. The site for the luncheon is presently being selected, but I can assure you it will be at a facility within walking distance of the Capitol Complex and we shall have that information to you by February 1, 1990.
Our guest speaker, Mr. Brady, was President Reagan's press secretary at the time of the attempted assassination and was traumatically injured during that attack. His recovery from that tragedy has been miraculous and his rehabilitative fight to gain back his physical independence is indeed admirable. We feel it fittingly appropriate to invite Mr. Brady to address our most prestigious body and share his very special story.
Please give consideration to our calendar request and thank you for the concern for people with disabilities that you have shown through your efforts over the years.
Sincerely,
June B. Licata
Referred to Committee on Invitations.
January 22, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
On Thursday, March 1, 1990 the South Carolina School for the Deaf and the Blind Board of Commissioners is planning a buffet luncheon in Columbia and is inviting members of the House of Representatives, members of the Senate and other friends of the school to attend. The luncheon will be held in Room 208 in the Blatt Building from 11:00 A.M. until 2:00 P.M.
I would appreciate it very much if you would announce this luncheon in the Senate Invitations Calendar which shows "For Your Information Only" items. I understand this calendar is distributed throughout the Senate Wang system and all staff members have access to it.
Thank you for your assistance.
Sincerely,
C. Paul Manly
Referred to Committee on Invitations.
January 25, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
On behalf of South Carolina Clean and Beautiful we would like to invite the members of the Senate to a reception in their honor at the Radisson Hotel in Columbia on April 25, 1990 from 8:00 - 10:00 P.M.
We would appreciate your assistance in placing this event on the official 1990 calendar. Please acknowledge this placement at your earliest convenience.
Sincerely,
Janet P. Whisennant
Referred to Committee on Invitations.
The following was received and referred to the appropriate committee for consideration.
Document No. 1213
Promulgated By Department of Health and Environmental Control
Water Classifications and Standards (Marinas)
Received by Lt. Governor January 25, 1990
Referred to Senate Committee on Medical Affairs
120 day expiration date May 25, 1990
Columbia, S.C., January 30, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
asks for a Committee of Conference, and has appointed Reps. Waldrop, Klapman and Kirsh of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Whereupon the PRESIDENT appointed Senators MOORE, POPE and LAND of the Committee of Conference on the part of the Senate, and a message was sent to the House accordingly.
S. 532 -- Senators Mitchell, Gilbert, Patterson, Matthews, Fielding and Nell W. Smith: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF EDUCATION TO STUDY AND DEVELOP CRITERIA TO PROVIDE APPROPRIATE RECOGNITION FOR SCHOOL TEACHERS, ADMINISTRATORS, AND EMPLOYEES WHO HAVE ACHIEVED OUTSTANDING ACCOMPLISHMENTS DURING THEIR CAREERS, INCLUDING EXEMPLARY ATTENDANCE RECORDS.
The House returned the Concurrent Resolution with amendments.
On motion of Senator MITCHELL, the Senate agreed to the amendments made by the House of Representatives and a message was sent to the House accordingly.
S. 1143 -- Senators Lourie, Martschink, Fielding, McConnell and Passailaigue: A CONCURRENT RESOLUTION COMMENDING EDWIN S. PEARLSTINE OF CHARLESTON COUNTY FOR HIS SUPERB SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA AERONAUTICS COMMISSION AND THANKING HIM FOR HIS DEDICATION, HIS EXCELLENT HARD WORK, AND HIS LEADERSHIP.
Returned with concurrence.
Received as information.
S. 1144 -- Senators Lourie, Saleeby, Giese, Courson, Patterson and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE MR. FRANK SUMNER SMITH, JR., OF COLUMBIA, THE VICE CHAIRMAN AND CORPORATE SECRETARY OF COLONIAL LIFE AND ACCIDENT INSURANCE COMPANY, WHO WAS HONORED AS HUMANITARIAN OF THE YEAR THURSDAY, JANUARY 18, 1990, BY THE PALMETTO SOCIETY OF THE UNITED WAY OF THE MIDLANDS.
Returned with concurrence.
Received as information.
S. 1145 -- Senators Lourie and Mullinax: A CONCURRENT RESOLUTION TO THANK AND COMMEND GUNTHER GEBEL-WILLIAMS OF RINGLING BROTHERS AND BARNUM AND BAILEY CIRCUS, UPON HIS RETIREMENT FROM THE ENTERTAINMENT ARENA AND FOR THE MANY YEARS OF HAPPINESS HE HAS GIVEN TO THE CITIZENS OF SOUTH CAROLINA, AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
S. 1158 -- Senators Moore, Drummond and Stilwell: A SENATE RESOLUTION INVITING THE SOLID WASTE TASK FORCE TO THE STATE HOUSE AT 11:30 A.M. ON WEDNESDAY, JANUARY 31, 1990, AND GRANTING THE MEMBERS ADMISSION TO THE SENATE CHAMBER TO THE AREA BEHIND THE RAIL SO AS TO BE RECOGNIZED WHEN THE FINAL REPORT OF THE TASK FORCE ON SOLID WASTE IS MADE TO THE SENATE.
On motion of Senator MOORE, with unanimous consent, the Resolution was adopted.
S. 1159 -- Senators Waddell, Moore, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO MAKE AVAILABLE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF EIGHT HUNDRED THOUSAND DOLLARS FOR USE IN REPLACING FUNDS BORROWED TO CONTINUE THE CHILDREN'S REHABILITATIVE SERVICES PROGRAM.
Senator WADDELL spoke on the Concurrent Resolution.
On motion of Senator WADDELL, with unanimous consent, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1160 -- Senator Lourie: A BILL TO AMEND CHAPTER 53 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 23 SO AS TO ESTABLISH AND FUND A PROGRAM OF MOTORCYCLE SAFETY INSTRUCTION AND PROVIDE THAT A DISCOUNT INSURANCE RATE MAY BE MADE AVAILABLE FOR CERTIFIED GRADUATES OF THE PROGRAM.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1161 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST THIRTY THOUSAND DOLLARS BEGINNING WITH THE 1990 TAX YEAR AND PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
S. 1162 -- Senator Macaulay: A BILL TO AMEND SECTION 50-13-236, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL AND SIZE LIMITS FOR STRIPED BASS (ROCKFISH) AND BLACK BASS ON LAKE MURRAY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO LAKE HARTWELL, LAKE KEOWEE, AND LAKE JOCASSEE AND TO ALLOW THE LIMITS TO BE SET BY EMERGENCY REGULATIONS ON THOSE THREE LAKES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1163 -- Senators Passailaigue, McConnell and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-655.1 SO AS TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS CONVICTED OF CRIMINAL SEXUAL CONDUCT WITH MINORS.
Read the first time and referred to the Committee on Judiciary.
S. 1164 -- Senators Passailaigue and McConnell: A BILL TO AMEND SECTION 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLITICAL CANDIDATE NOMINATIONS BY PETITION, SO AS TO EXTEND THE TIME FOR FILING THE PETITION IN THE EVENT OF AN EMERGENCY DECLARED BY THE GOVERNOR AND THE CONDITIONS PRECIPITATING THE EMERGENCY DECLARATION PREVENT THE CANDIDATE FROM TIMELY FILING THE PETITION.
Read the first time and referred to the Committee on Judiciary.
S. 1165 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-136 SO AS TO PROVIDE THE PROCEDURE FOR DISCLOSING A PERSON'S SEXUALLY TRANSMITTED DISEASE TEST RESULTS TO LAW ENFORCEMENT OFFICIALS AND CRIMINAL PROSECUTORS; AND TO AMEND SECTION 44-29-145, RELATING TO THE PROHIBITION FOR EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO PROVIDE ADDITIONAL PROHIBITIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1166 -- Senators Leatherman, Nell W. Smith, J. Verne Smith, Peeler, Long, Matthews and McLeod: A BILL TO AMEND SECTION 43-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RULES GOVERNING CUSTODY AND USE OF RECORDS, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES SHALL PROMULGATE REGULATIONS TO COMPLY WITH FEDERAL REQUIREMENTS ON THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS; TO AMEND SECTION 43-1-160, RELATING TO THE DISCLOSURE OF NAMES OF PERSONS RECEIVING PUBLIC ASSISTANCE TO BE PUBLIC RECORDS, SO AS TO PROHIBIT RELEASE OF THIS INFORMATION; TO AMEND SECTION 44-6-190, RELATING TO THE APPLICABILITY OF THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE THAT THE DEPARTMENT PROMULGATE REGULATIONS COMPLYING WITH FEDERAL REQUIREMENTS TO LIMIT THE USE OR DISCLOSURE OF INFORMATION CONCERNING APPLICANTS AND RECIPIENTS TO PURPOSES DIRECTLY CONNECTED WITH THE ADMINISTRATION OF MEDICAID.
Read the first time and referred to the Committee on Medical Affairs.
S. 1167 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 44 SO AS TO PROVIDE FOR THE MENTAL RETARDATION AND RELATED DISABILITIES ACT BY SETTING FORTH THE ORGANIZATION AND A SYSTEM FOR THE DELIVERY OF SERVICES, REQUIREMENTS FOR LICENSURE AND REGULATION OF FACILITIES AND PROGRAMS, AND CAPITAL IMPROVEMENTS FOR MENTAL RETARDATION; TO REPEAL CHAPTER 19, TITLE 44 RELATING TO THE STATE MENTAL RETARDATION DEPARTMENT AND CHAPTER 21, TITLE 44 RELATING TO THE CARE AND COMMITMENT OF MENTALLY RETARDED PERSONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 1168 -- Senator Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-3150 SO AS TO PROHIBIT THE RELEASE OR DEPOSIT OF HUMAN BODY WASTE FROM A PASSENGER TRAIN ON RAILROAD RIGHTS-OF-WAY.
Read the first time and referred to the Committee on Transportation.
S. 1169 -- Senator Lourie: A BILL TO AMEND SECTION 58-17-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RAILROAD CROSSINGS, SO AS TO PROVIDE FOR THE REMOVAL AND ELIMINATION OF OBSTRUCTIONS WITHIN SIXTY DAYS AFTER RECEIPT OF NOTIFICATION FROM THE DEPARTMENT, AND TO PROVIDE THIRTY DAYS FOR THE ERECTION OF CROSSBUCKS AFTER NOTIFICATION FROM THE DEPARTMENT.
Read the first time and referred to the Committee on Transportation.
S. 1170 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.
Read the first time and ordered placed on the Calendar without reference.
S. 1171 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO DEFINE "BY"; AND SECTION 38-39-30, RELATING TO THE INVESTIGATION OF AND ISSUANCE OF A LICENSE TO A PERSON TO ENGAGE IN THE BUSINESS OF SERVICING INSURANCE PREMIUMS, SO AS TO REQUIRE THAT BEFORE A FOREIGN CORPORATION MAY BE LICENSED, IT MUST BE REGULATED AND EXAMINED BY THE INSURANCE DEPARTMENT IN ITS STATE OF DOMICILE.
Read the first time and ordered placed on the Calendar without reference.
S. 1172 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH INSURANCE COVERAGE FOR NEWLY BORN CHILDREN, SO AS TO PROVIDE THE REQUIREMENTS FOR THE SECTION TO APPLY TO AN ADOPTED CHILD.
Read the first time and ordered placed on the Calendar without reference.
S. 1173 -- Senators McGill, Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE SECRETARY OF AGRICULTURE OF THE UNITED STATES TO SEND A FACT-FINDING TEAM TO SOUTH CAROLINA SO AS TO ASSESS THE RECENT DAMAGES SUFFERED BY THE FARMERS OF THE STATE AS A RESULT OF HURRICANE HUGO AND TO PROVIDE FINANCIAL ASSISTANCE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
H. 3132 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1625 SO AS TO PROVIDE THAT A RETIREE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY NOMINATE MORE THAN ONE BENEFICIARY TO TAKE A RETIREMENT ALLOWANCE AS PROVIDED BY SECTION 9-1-1620.
Read the first time and referred to the Committee on Finance.
H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: A BILL TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3714 -- Rep. Mappus: A BILL TO AMEND SECTION 38-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER; AND TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO REDUCE THE BOND REQUIREMENTS FROM FIFTY TO TEN THOUSAND DOLLARS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4200 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.
Read the first time and referred to the Committee on Judiciary.
H. 4201 -- Reps. Washington, J. Rogers, T. Rogers, K. Bailey, Blanding, J. Brown, Faber, Fant, Ferguson, Glover, Gordon, McBride, D. Martin, Taylor, Whipper, D. Williams, White, Foster and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-5 SO AS TO PROVIDE EQUAL RIGHTS IN PLACES OF ACCOMMODATION, RESORT, OR AMUSEMENT AND TO PROVIDE PENALTIES FOR VIOLATION.
Read the first time and referred to the Committee on Judiciary.
H. 4428 -- Rep. Davenport: A BILL TO AMEND SECTION 52-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.
Read the first time and referred to the General Committee.
H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 7, 1990.
Read the first time and on motion of Senator SALEEBY, with unanimous consent, ordered placed on the Calendar without reference.
H. 4498 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE INMAN ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 1 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4499 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE MAYO ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 2 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4500 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE NEW PROSPECT ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 1 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4501 -- Rep. Bruce: A CONCURRENT RESOLUTION TO CONGRATULATE COOLEY SPRINGS-FINGERVILLE ELEMENTARY SCHOOL OF SPARTANBURG SCHOOL DISTRICT 2 FOR EARNING THE STATUS OF A DEREGULATED SCHOOL.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Association of School Administrators to attend a reception at the Radisson Hotel on February 28, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator Moore, from the Committee on Invitations, submitted a favorable report on:
An invitation from Carolinas Branch Associated General Contractors to attend a legislative reception at the Radisson Hotel on February 27, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from Rock Hill Area Chamber to attend a reception at the Radisson Hotel on February 21, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Farm Bureau Federation to attend a legislative banquet at the Ellison Building, State Fairgrounds on February 20, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, 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 South Carolina to attend a drop-in at the Blatt Building on February 15, 1990, beginning at 8:30 A.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Association of Counties to attend a reception at the Town House Hotel on February 14, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Association of Auditors, Treasurers and Tax Collectors to attend a reception at the Radisson Hotel on February 14, 1990, beginning at 8:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. AFL-CIO to attend a reception at the Town House Hotel on February 13, 1990, beginning at 8:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from Lander College to attend a reception at the Capital Club on February 13, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the South Carolina Registered Cosmetologist Association to attend a drop-in at the Town House on February 7, 1990, beginning at 8:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from S.C. State College to attend a reception at the Radisson Hotel on February 7, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Association of Christian Schools to attend a breakfast at the Radisson Hotel on February 7, 1990, beginning at 8:15 A.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Association of Probate Judges to attend a legislative reception at the Radisson Hotel on February 6, 1990, beginning at 7:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from the S.C. Funeral Directors Association, Inc. to attend a reception at the Capital City Club on February 6, 1990, beginning at 6:00 P.M.
On motion of Senator MOORE, the invitation was accepted.
The following Bill and Joint Resolution were severally read the third time, passed and ordered sent to the House of Representatives:
S. 808 -- Senator Wilson: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
S. 1034 -- Senators Waddell, Martschink, McConnell and Passailaigue: A JOINT RESOLUTION EXTENDING THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN TAXABLE YEAR 1990 OF REAL PROPERTY DAMAGED BY HURRICANE HUGO.
The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.
Senator PASSAILAIGUE proposed the following amendment (Doc. No. 0086X), which was adopted:
Amend the resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The running of the thirty-day period to file an appeal of the decision of a county assessor to the county board of tax appeals is tolled from September 21, 1989, until ten days after the effective date of this act in those counties declared disaster areas as a result of Hurricane Hugo.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
There being no further amendments, the Joint Resolution was read the third time, passed and ordered sent to the House of Representatives.
The following Bills having been read the second time were passed and ordered to a third reading with notice of general amendments:
S. 1152 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF AN INSURER, SO AS TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER'S AND EXAMINER'S ACCESS TO THE INSURER'S RECORDS INSTEAD OF ITS PAPERS AND TO ALLOW THE COMMISSIONER TO REQUIRE THE INSURER TO FURNISH THE ORIGINAL BOOKS AND RECORDS.
S. 1153 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE THE PROVISIONS DETAILING THE MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES, TO DELETE THE PROVISIONS PERTAINING TO THE GROUP POLICY AND SUBSCRIBER CONTRACTS TO WHICH THE STANDARDS DO NOT APPLY, AND TO PROVIDE FOR THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS CONTAINING THE STANDARDS.
S. 1154 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER'S ANNUAL STATEMENT AS TO ITS BUSINESS STANDING AND FINANCIAL CONDITION, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE FORM OF THE STATEMENT AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE THE FILING OF QUARTERLY REPORTS AND ADDITIONAL INFORMATION.
S. 1156 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS BEFORE A CERTIFICATE OR LICENSE MAY BE GRANTED TO A DOMESTIC INSURER, SO AS TO REQUIRE ALL ORIGINAL BOOKS AND RECORDS OF THE INSURER TO BE LOCATED AND MAINTAINED IN SOUTH CAROLINA.
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY, LAND, McLEOD, McCONNELL and POPE proposed the following amendment (Doc. No. 0435I), which was adopted:
Amend the bill, as and if amended, by striking Section 1 in its entirety and inserting in lieu thereof:
/SECTION 1. Section 38-1-20(27) of the 1976 Code is amended to read:
"(27) 'Life Insurance' means a contract of insurance upon the lives of human beings. The following contracts are deemed to be contracts of life insurance within the meaning of this definition:
(a) A contract or rider providing acceleration of life benefits in advance of the time they otherwise would be payable for long-term care as defined in Section 38-72-40 of the 1976 Code.
(b) A contract or rider providing acceleration of life benefits in advance of the time they otherwise would be payable in the event of a life-threatening illness or a terminal illness as specified in the contract."/
Amend title to conform.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were passed and ordered to a third reading:
S. 667 -- Senators Martschink, Wilson, Shealy and Mitchell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO PROVIDE FOR THE ISSUANCE OF A DISTINGUISHING DECAL TO INDICATE THAT THE PERSON IN CONTROL OF A MOTOR VEHICLE CONSENTS TO ITS SEARCH FOR ILLEGAL DRUGS AND PROVIDE FOR THE SEARCH.
H. 3901 -- Rep. Wilkins: A BILL TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO EXEMPT CITIZENS OF FOREIGN COUNTRIES WHO HAVE A VALID DRIVER'S LICENSE ISSUED BY THAT NATION AND WHOSE COUNTRY GRANTS THE SAME EXEMPTION TO CITIZENS OF THIS STATE.
S. 1151 -- Senators Waddell and Lindsay: A BILL TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES BY OTHER STATES ON INSURANCE COMPANIES CHARTERED BY THIS STATE DOING BUSINESS IN THOSE STATES, SO AS TO DELETE LANGUAGE RELATING TO WHAT THE APPLICATION OF THIS SECTION IS BASED, TO CHANGE THE MANNER IN WHICH THIS SECTION IS APPLIED, AND PROVIDE THAT THIS SECTION IS EFFECTIVE FOR ALL INSURANCE PREMIUMS COLLECTED AFTER DECEMBER 31, 1989, AND TO ALL INSURANCE PREMIUM TAX RATES FILED BEGINNING WITH QUARTERLY RETURNS DUE SEPTEMBER 1, 1990, AND QUARTERLY AND ANNUAL RETURNS FILED AFTER THAT TIME.
The following Bills were carried over:
H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
(On motion of Senator POPE)
S. 1157 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 9 TO TITLE 45 SO AS TO PROVIDE FOR THE REVOCATION OF ANY LICENSE OR PERMIT ISSUED BY THE STATE OR ITS POLITICAL SUBDIVISIONS TO AN ESTABLISHMENT OF PUBLIC ACCOMMODATIONS FOUND TO PRACTICE DISCRIMINATION ON ACCOUNT OF RACE, COLOR, RELIGION, OR NATIONAL ORIGIN AFTER A HEARING BY THE SOUTH CAROLINA HUMAN AFFAIRS COMMISSION, AND TO PROVIDE FOR CRIMINAL AND CIVIL PENALTIES AND REMEDIES FOR VIOLATIONS.
(On motion of Senator WILLIAMS)
H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.
(On motion of Senator WADDELL)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
On motion of Senator Moore, the Bill was made a Special Order.
S. 42 -- Senator Fielding: A BILL TO AMEND SECTION 56-5-5360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES FOR INSPECTIONS.
Senator FIELDING moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding Gilbert Hayes Hinds Land Long Lourie Martin McGill Mitchell Moore Passailaigue Rose Setzler Smith, H.C. Smith, N.W. Stilwell Thomas Waddell Wilson
NAYS
Courson Giese Helmly Hinson Holland Leatherman Lee Leventis Macaulay Martschink McConnell Mullinax Peeler Pope Russell Shealy
The Senate refused to make the Bill a Special Order.
On motion of Senator LOURIE, with unanimous consent, the Privilege of the Chamber to that area behind the rail, was extended to Mr. Frank Sumner Smith, Jr., for the purpose of a presentation.
S. 1033 -- Senator Waddell: A BILL TO AMEND SECTION 34B, PART II, ACT 189 OF 1989 (THE GENERAL APPROPRIATIONS ACT), RELATING TO THE EFFECTIVE DATE OF SECTION 12-47-445 OF THE 1976 CODE, LIMITING CLAIMS FOR REFUND OF TAXES FOUND BY A COURT TO BE UNCONSTITUTIONAL OR OTHERWISE UNLAWFUL, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY WITH RESPECT TO CLAIMS FOR REFUND ARISING UNDER DAVIS V. MICHIGAN.
Senator McCONNELL moved to recall the Bill from the Committee on Finance.
Senators McCONNELL and PASSAILAIGUE spoke in favor of the motion to recall.
Senators GIESE and WADDELL argued contra to the motion to recall.
Senator WADDELL moved to lay the motion to recall on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Helmly Hinds Hinson Holland Leatherman Lee Long Lourie Martin McGill McLeod Mitchell Moore Mullinax O'Dell Peeler Pope Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Waddell Williams Wilson
NAYS
Macaulay Martschink McConnell Passailaigue Rose Thomas
The motion to recall S. 1033 from the Committee on Finance was laid on the table.
We voted for the tabling motion in order to work with the Governor providing as soon as possible the refunds due the Federal Retirees.
At 1:20 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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