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 PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the Ephesians (4:1)(NEB):
"I entreat you, then---I, a prisoner for the Lord's sake: as God has called you, live up to your calling. Be humble always and gentle, and patient too. Be forbearing with one another and charitable. Spare no effort to make fast with bonds of peace the unity which the Spirit gives."
Let us pray.
Our Heavenly Father, and our Eternal God: we thank You for the golden thread of history that God truly calls to His children on this planet: "Come into the good life".
Give us the courage You gave to Caleb and Othniel.
Give us the sense of Your sure presence which You gave to Moses at the burning bush... the deliverance You gave to Daniel in the fiery furnace... and the clarity You gave to St. Paul on Mars Hill... that we may work together today... with You.
Amen.
Senator PEELER made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator PEELER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Drummond Fielding Giese Gilbert Hayes Helmly Hinson Holland Land Leatherman Lee Leventis Long Lourie Macaulay Martschink Matthews McGill McLeod Mitchell Moore O'Dell Passailaigue Patterson Peeler Pope Rose Russell Saleeby Setzler Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
The Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration.
Document No. 1201
Promulgated By University of South Carolina
Increased Speed Limit at the University of South Carolina-Spartanburg Campus
Received by Lt. Governor February 27, 1990
Referred to Senate Committee on Transportation
120 day expiration date June 27, 1990
Document No. 1202
Promulgated By University of South Carolina
Traffic, Parking, and Registration of Motor Vehicles, Columbia Campus
Received by Lt. Governor February 27, 1990
Referred to Senate Committee on Transportation
120 day expiration date June 27, 1990
Senator O'DELL introduced Dr. Kenneth Smith of Anderson, Doctor of the Day.
On motion of Senator MACAULAY, Senator McCONNELL was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for the rest of the day.
Columbia, S.C., February 27, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
asks for a Committee of Conference, and has appointed Reps. Farr, Kirsh and Foster of the Committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., February 27, 1990
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4461 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO RE-ENACT SECTION 23-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 1327 -- Senators Helmly and Rose: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HIGHTOWER FAMILY OF BERKELEY COUNTY ON THEIR DONATION OF A FULLY ENDOWED ATHLETIC SCHOLARSHIP TO THE COLLEGE OF CHARLESTON.
Returned with concurrence.
Received as information.
The PRESIDENT appointed Senators WILLIAMS, MACAULAY, STILWELL and POPE to escort the Honorable George T. Gregory, Jr., Chief Justice of the Supreme Court, and his party to the rostrum at the Joint Assembly.
The following were introduced:
S. 1335 -- Senators Pope, Land and O'Dell: A BILL TO AMEND SECTION 46-17-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO DELETE THE EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT FOR THE PROVISIONS PERTAINING TO ASSESSMENTS, GRADING, AND QUALITY STANDARDS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
S. 1336 -- Senator Setzler: A BILL TO AMEND SECTION 59-51-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WIL LOU GRAY OPPORTUNITY SCHOOL, SO AS TO REVISE THE INDIVIDUALS TO WHOM TRAINING BY THE SCHOOL IS PROVIDED; TO AMEND SECTION 59-51-30, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL, SO AS TO REVISE AND INCREASE THE MEMBERSHIP OF THE BOARD, TO REVISE THE MANNER IN WHICH THE CHAIRMAN AND OTHER OFFICERS OF THE BOARD ARE SELECTED, AND TO PROVIDE FOR THE MANNER OF FILLING VACANCIES; AND TO AMEND SECTION 59-51-50, RELATING TO THE PERSONNEL OF THE SCHOOL, SO AS TO CHANGE THE TITLE OF THE DIRECTOR OF THE SCHOOL TO THE SUPERINTENDENT OF THE SCHOOL.
Read the first time and referred to the Committee on Education.
S. 1337 -- Senator Rose: A BILL TO AMEND CHAPTER 1, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO TRANSFER THE PATRIOT'S POINT NAVAL AND MARITIME MUSEUM FROM THE CONTROL OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, AND TO DEFINE WHAT COMPOSES THE MUSEUM.
Read the first time and referred to the Committee on Finance.
S. 1338 -- Senators Pope, Bryan, Wilson, Russell, Lourie, Passailaigue, Courson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-74 SO AS TO PROVIDE THAT A JOINT RESOLUTION INTRODUCED IN THE GENERAL ASSEMBLY TO APPROVE REGULATIONS MUST HAVE A FISCAL IMPACT STATEMENT IF THE REGULATIONS IMPOSE OR AUTHORIZE THE IMPOSITION OF FEES BY THE PROMULGATING AGENCY.
Read the first time and referred to the Committee on Finance.
S. 1339 -- Senator Long: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO ELIMINATE THE THREE THOUSAND DOLLAR LIMIT ON THE DEDUCTION OF CATEGORIES OF RETIREMENT INCOME AND DELETE THE PROVISIONS PROVIDING SEPARATE LIMITED DEDUCTIONS FOR CATEGORIES OF RETIREMENT INCOME.
Read the first time and referred to the Committee on Finance.
S. 1340 -- Senator Land: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF BUILDING MATERIALS, SUPPLIES, FIXTURES, AND EQUIPMENT USED IN THE CONSTRUCTION OF POULTRY OR LIVESTOCK HOUSING.
Read the first time and referred to the Committee on Finance.
S. 1341 -- Senator Setzler: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF A LICENSE PERTAINING TO COSMETOLOGISTS, SO AS TO CHANGE THE REFERENCE TO AN INDIVIDUAL LICENSE TO AN ACTIVE LICENSE.
Read the first time and referred to the General Committee.
S. 1342 -- Senators Land and Lourie: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND, SO AS TO ELIMINATE THAT FUND, DELETE PROVISIONS, ESTABLISH THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND, PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND FROM ENTERING INTO AN AGREEMENT FOR REIMBURSEMENT OF EXPENSES, COSTS, OR BENEFITS PAID BY THE FUND, DEFINE THE TERM "COSTS", AND PROVIDE FOR THE ANNUAL MAINTENANCE OF THIS FUND AT A LEVEL OF NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS, RATHER THAN THE MINIMAL TWO HUNDRED THOUSAND DOLLARS FOR THE FORMER INSOLVENCY FUND.
Read the first time and referred to the Committee on Judiciary.
S. 1343 -- Senators Pope, Bryan and Russell: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND COVERAGE OF COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION THAT THIS SECTION APPLIES ONLY TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER AND PROVIDE THAT IT APPLIES TO THE PRISONERS REGARDLESS OF THE LENGTH OF THE SENTENCE TO BE SERVED.
Read the first time and referred to the Committee on Judiciary.
S. 1344 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROVIDE A PROCEDURE FOR DEMAND OF UNLIQUIDATED DAMAGES IN TORT ACTIONS, AND TO PROVIDE WHEN INTEREST MAY BE RECOVERED.
Read the first time and referred to the Committee on Judiciary.
S. 1345 -- Senators Mitchell and Matthews: A JOINT RESOLUTION TO CREATE A COMMITTEE TO PROPOSE A PLAN TO PROVIDE ACCESS TO AVAILABLE PHYSICIANS OR OTHER AVAILABLE AND APPROPRIATE MEDICAL RESOURCES FOR RECIPIENTS OF THE SOUTH CAROLINA MEDICARE AND MEDICAID PROGRAMS AND TO FULFILL A GOAL OF ONE HUNDRED PERCENT PARTICIPATION IN THE MEDICARE AND MEDICAID PROGRAMS BY ACTIVE-PRACTICE PHYSICIANS.
Read the first time and referred to the Committee on Medical Affairs.
Senator MITCHELL spoke on the Joint Resolution.
S. 1346 -- Senators Shealy, Martschink, Wilson, Setzler and Rose: A BILL TO AMEND SECTION 44-93-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CONSTRUCT OR EXPAND INFECTIOUS WASTE FACILITIES, SO AS TO PROVIDE THAT NO NEW FACILITY MAY BE CONSTRUCTED NOR AN EXISTING FACILITY EXPANDED AFTER JULY 1, 1990, IF THE NEW FACILITY OR EXPANSION IS LOCATED WITHIN TWO MILES OF AN OCCUPIED RESIDENCE.
Read the first time and referred to the Committee on Medical Affairs.
S. 1347 -- Judiciary Committee: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO INCREASE THE MONTHLY RETIREMENT BENEFIT FOR A JUDGE WHO HAS COMPLETED TWENTY-FIVE YEARS OF CREDITED SERVICE AND TO REPEAL SECTION 9-8-120(4), SO AS TO ALLOW RETIRED JUDGES DRAWING RETIREMENT COMPENSATION TO ENGAGE IN THE PRACTICE OF LAW.
Read the first time and ordered placed on the Calendar without reference.
H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and Senate meet in joint assembly in the hall of the House of Representatives at twelve o'clock noon on Wednesday, May 2, 1990, for the purpose of electing a member of the Old Exchange Building Commission to serve the unexpired term of the member who has resigned.
Referred to the Committee on Invitations.
H. 4735 -- Reps. Waldrop and Gentry: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF APRIL 30 - MAY 5, 1990, AS "NEWBERRY COUNTY JUNIOR MISS PAGEANT WEEK" IN NEWBERRY COUNTY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4738 -- Reps. Stoddard and M.O. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE CLEMSON UNIVERSITY SENIOR ATHLETE CHRIS PATTON OF FOUNTAIN INN FOR REACHING THE PINNACLE OF AMATEUR GOLF BY CAPTURING THE UNITED STATES AMATEUR CHAMPIONSHIP IN AUGUST OF 1989.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4740 -- Reps. J. Rogers, J. Harris, Baxley, Farr, Fant, Neilson, Boan, Mattos, Glover, G. Bailey, Kinon, R. Brown, Kirsh, Harwell, Vaughn, Littlejohn, Smith, Kay, Sturkie, Barfield, Taylor, Wells, Beasley, Waites, J. Bailey, Manly, Keesley, Tucker, D. Martin, McGinnis, McKay, Rudnick, Ferguson, Jaskwhich and Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE AUTHORITY'S SELECTION OF A SITE IN RICHMOND COUNTY, NORTH CAROLINA, AS ONE OF FOUR POSSIBLE SITES FOR THE LOCATION OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN NORTH CAROLINA.
Referred to the Committee on Judiciary.
H. 4751 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE HIGHTOWER FAMILY OF BERKELEY COUNTY ON THEIR DONATION OF A FULLY ENDOWED ATHLETIC SCHOLARSHIP TO THE COLLEGE OF CHARLESTON.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3169 -- Reps. McLeod, Baxley, Blanding, G. Brown, McElveen and Harvin: A BILL TO PROVIDE FOR THE MAXIMUM AMOUNTS OF HAZARDOUS WASTE WHICH A LANDFILL MAY ACCEPT THROUGH JUNE 1, 1992; TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS RELATING TO HAZARDOUS WASTE, SO AS TO PROVIDE THAT A LANDFILL MAY NOT ACCEPT HAZARDOUS WASTE GENERATED IN ANOTHER STATE WHICH IS PROHIBITED BY THAT STATE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-125 SO AS TO LIMIT THE AMOUNT OF NONHAZARDOUS WASTE A LANDFILL WHICH ACCEPTS HAZARDOUS WASTE MAY ACCEPT AND TO PROVIDE THAT NONHAZARDOUS AND HAZARDOUS WASTE MUST BE DISPOSED OF OR STORED SEPARATELY.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3596 -- Reps. Koon, G. Brown, Gentry, Sturkie and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-356 SO AS TO MAKE IT UNLAWFUL TO DISCHARGE A GUN OR WEAPON WITHIN FIVE HUNDRED YARDS OF A CHICKEN LAYER OR BROILER HOUSE CONTAINING LIVE CHICKENS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3780 -- Reps. Corbett, Elliott, Hearn, Manly, Felder, Keegan, McBride, Ferguson, Littlejohn, Baxley, M.O. Alexander, Haskins, Davenport, Wells, McKay, Neilson, Phillips, McGinnis, Baker, Moss, J. Brown, G. Bailey, Wright, Lanford, Huff, R. Brown, Waites, Wofford, Vaughn, J.C. Johnson, J. Rogers and Farr: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATIONS FOR A MOTOR VEHICLE DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD, SO AS TO MAKE IT UNLAWFUL FOR A PERSON KNOWINGLY TO ALLOW HIS PERSONAL IDENTIFICATION DOCUMENTS TO BE USED BY ANOTHER FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-512, SO AS TO REQUIRE THE DRIVER'S LICENSE OF A PERSON CONVICTED OF VIOLATING SECTION 56-1-510 TO BE SUSPENDED FOR SIX MONTHS AND TO REQUIRE CONVICTIONS TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Read the first time and referred to the Committee on Transportation.
H. 4355 -- Reps. Harvin, T. Rogers, Smith, Elliott, T.M. Burriss, Harwell, Haskins, McLeod, Huff, Blackwell, Burch, Chamblee, K. Bailey, Bruce, Glover, Davenport, Wofford, Jaskwhich and G. Bailey: A JOINT RESOLUTION TO PERMIT THE EXTENSION OF THE EARLY INCENTIVE DETECTION PERIOD OF THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK.
Read the first time and referred to the Committee on Medical Affairs.
H. 4476 -- Rep. Moss: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A STATE OR LOCAL AGENCY, BOARD, OR COMMISSION PROVIDING INFORMATION UNDER THE PROVISIONS OF THIS SECTION MAY NOT CHARGE THE DEPARTMENT A FEE FOR THE PROVISION OF THIS INFORMATION.
Read the first time and referred to the General Committee.
H. 4463 -- Reps. Snow, G. Brown, Barfield and Bruce: A BILL TO AMEND CHAPTER 45 OF TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NUISANCE SUITS IN AGRICULTURAL OPERATIONS, SO AS TO FURTHER DEFINE "OPERATIONS" AND MAKE THE PROVISIONS APPLICABLE TO ALL AGRICULTURAL FACILITIES AS DEFINED.
Read the first time and referred to the Committee on Judiciary.
H. 4341 -- Reps. R. Brown, McKay, Snow and Harwell: A JOINT RESOLUTION TO DESIGNATE A PORTION OF THE LITTLE PEE DEE RIVER A SCENIC RIVER.
Read the first time and on motion of Senator McGILL, with unanimous consent, the Joint Resolution was ordered placed on the local and uncontested Calendar without reference.
On motion of Senator McGILL, with unanimous consent, H. 4341 was ordered to receive a second and third reading on the next two consecutive legislative days.
Senator MITCHELL, from the Committee on Judiciary, submitted a favorable report on:
S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.
Ordered for consideration tomorrow.
Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:
S. 1038 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
Ordered for consideration tomorrow.
Senator LEE, from the Committee on Judiciary, submitted a favorable report on:
S. 1039 -- Senators Mullinax and O'Dell: A BILL TO AMEND SECTION 40-79-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AN ALARM SYSTEM BUSINESS LICENSE, SO AS TO DELETE THE PROVISIONS ALLOWING WORK EXPERIENCE TO SATISFY THE REQUIREMENTS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:
S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Ordered for consideration tomorrow.
Senator COURSON, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendments report on:
H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.
Ordered for consideration tomorrow.
Senator HAYES, from the Committee on Judiciary, submitted a favorable report on:
H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.
Ordered for consideration tomorrow.
Senator BRYAN, from the Committee on Judiciary, submitted a favorable report on:
H. 3931 -- Reps. Cole, Ferguson, Lanford, Littlejohn, Bruce and Wells: A BILL TO AMEND SECTION 29-3-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY OF RELEASE OF MORTGAGE ON LAND SOLD IN A FORECLOSURE SALE, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO REQUIRE THE OFFICER OF THE COURT MAKING THE SALE TO CAUSE TO BE RECORDED IN THE OFFICE WHERE THE FORECLOSED MORTGAGE IS RECORDED A RELEASE, CANCELLATION, AND SATISFACTION OF THE LIEN IN THE PRESCRIBED FORM; TO AMEND SECTION 29-3-790, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE FORM OF RELEASE OF THE LIEN, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND TO PROVIDE THAT THE RELEASE, CANCELLATION, AND SATISFACTION OF LIEN REQUIRED UNDER SECTION 29-3-780 MUST BE MADE IN WRITING AND SIGNED BY THE OFFICER AND MUST BE SET FORTH IN A SPECIFIED FORM; AND TO REPEAL SECTION 45-97.1, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE PROVISION OF LAW THAT SECTION 45-97 OF THE 1962 CODE (THE MARKING OF SATISFACTION OF FORECLOSED MORTGAGES) DOES NOT APPLY IN SPARTANBURG COUNTY.
Ordered for consideration tomorrow.
Senator HOLLAND, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator HORACE C. SMITH, from the Committee on Corrections and Penology, submitted a favorable report on:
H. 4269 -- Rep. Wright: A BILL TO AMEND SECTION 23-24-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFF DUTY PRIVATE JOBS OF LAW ENFORCEMENT OFFICERS, SO AS TO DEFINE LAW ENFORCEMENT OFFICER.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
An invitation from Ernie Nunnery and Associates to attend a reception in the downstairs lobby of the State House on Wednesday, March 7, 1990, beginning at 9:00 A.M.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of an Act and same enrolled for Ratification:
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.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading with notice of general amendments:
H. 4684 -- Reps. Blanding, H. Brown, McKay, McLellan, T. Rogers, Blackwell, Elliott, Boan, Mattos, Washington, McCain, Winstead, J.W. Johnson and Klapman: A JOINT RESOLUTION TO AUTHORIZE THE STATE BOARD OF CORRECTIONS TO SELL TIMBER IN 1990 IN ADDITION TO THE ANNUAL TIMBER SALES PERMITTED BY LAW AND TO PROVIDE THAT THE PROCEEDS MUST BE USED FOR THE SAME PURPOSES AS OTHER TIMBER SALE PROCEEDS ARE USED BY THE BOARD.
S. 1332 -- Banking and Insurance Committee: A BILL TO AMEND ACT 127 OF 1989, RELATING TO THE HEALTH INSURANCE POOL, SO AS TO DEFINE AN UNFAIR TRADE PRACTICE FOR AN AGENT, AN EMPLOYER, AND A MEMBER PARTICIPATING IN THE POOL; REVISE THE DEFINITION OF BOARD; DELETE THE REFERENCE TO THE BOARD OF DIRECTORS OF THE POOL AND PROVIDE FOR THE BOARD TO CONSIST OF THE DIRECTORS; PROVIDE FOR THE POOL TO HAVE THE POWERS GRANTED BY LAW TO INSURANCE COMPANIES LICENSED TO TRANSACT ACCIDENT AND HEALTH INSURANCE INSTEAD OF REFERRING TO INSURANCE AS DEFINED IN THE ACT; AND REVISE WHO MAY APPLY FOR POOL COVERAGE AND THE EXCEPTION FOR EXCLUSIONS FROM POOL COVERAGE.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0802o) was adopted as follows:
Amend the bill, as and if amended, by deleting subsection (A) of Section 44-29-136 of the 1976 Code, as contained in SECTION 1, and inserting:
/(A) A portion of a person's sexually transmitted disease test results disclosed to a solicitor or state criminal law enforcement agency pursuant to Section 44-29-135(c) must be obtained by court order upon a finding by the court that the request is valid under Section 44-29-135(c) and that there is a compelling need for the test results. In determining a compelling need, the court must weigh the need for disclosure against both the privacy interest of the test subject and the potential harm to the public interest if disclosure deters future Human Immunodeficiency Virus-related testing and counselling or blood, organ, and semen donation. No information regarding persons other than the subject of the test results must be released. The court shall provide the department and the person who is the subject of the test results with notice and an opportunity to participate in the court hearing./
Amend further by striking SECTION 2 and inserting:
/SECTION 2. Section 44-29-145 of the 1976 Code, as added by Act 490 of 1988, is amended to read:
"Section 44-29-145. It is unlawful for anyone infected with Human Immunodeficiency Virus (HIV), the virus which causes Acquired Immunodeficiency Syndrome (AIDS), to knowingly expose another person, through the sale, donation, or exchange of blood products or body fluids, to HIV infection without first informing the other person of the risk of exposure to HIV infection a person who knows that he is infected with Human Immunodeficiency Virus (HIV) to:
(1) knowingly engage in sexual intercourse, vaginal, anal, or oral, with another person without first informing that person of his HIV infection;
(2) knowingly commit an act of prostitution with another person;
(3) knowingly sell or donate blood, blood products, semen, tissue, organs, or other body fluids;
(4) forcibly engage in sexual intercourse, vaginal, anal, or oral, without the consent of the other person, including one's legal spouse; or
(5) knowingly share with another person a hypodermic needle, syringe, or both, for the introduction of drugs or any other substance into, or for the withdrawal of blood or body fluids from the other person's body without first informing that person that the needle, syringe, or both, has been used by someone infected with HIV.
Any A person who violates this section is guilty of a felony and, upon conviction, may must be fined not more than five thousand dollars or imprisoned for not more than ten years."/
Amend title to conform.
Senators MOORE and McLEOD explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0837o) was adopted as follows:
Amend the bill, as and if amended, subsection (A) of Section 44-7-320, as contained in SECTION 1, page 2, by deleting subitem (e), beginning on line 10 and inserting:
/(e) failing to allow a team advocacy inspection of a community residential care facility by the South Carolina Protection and Advocacy System for the Handicapped, Inc., as allowed by law./
Amend title to conform.
On motion of Senator LEATHERMAN the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:
H. 3760 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 44-17-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY ADMISSION TO MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT THE COURT SHALL DETERMINE IF THERE IS PROBABLE CAUSE TO CONTINUE EMERGENCY DETENTION OF A PATIENT.
H. 4156 -- Rep. Harwell: A JOINT RESOLUTION TO NAME THE OVERPASS BRIDGE PRESENTLY UNDER CONSTRUCTION AND LOCATED AT THE INTERSECTION OF U. S. 301 AND S. C. 38 IN DILLON COUNTY THE "S. NORWOOD GASQUE BRIDGE" AND TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT BOTH ENDS OF THE BRIDGE ON WHICH THE NAME IS CLEARLY INDICATED.
H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS.
On motion of Senator GIESE, with unanimous consent, H. 4236 was ordered to receive a third reading on Thursday, March 1, 1990.
H. 4521 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO ADDITIONAL NEW MEDICAID COVERAGE GROUP, DESIGNATED AS REGULATION DOCUMENT NUMBER 1133, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4656 -- Rep. Blanding: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE SOUTH CAROLINA FEDERATION OF WOMEN'S AND GIRLS CLUB.
On motion of Senator GIESE, with unanimous consent, H. 4656 was ordered to receive a third reading on Thursday, March 1, 1990.
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0836o) was adopted as follows:
Amend the bill, as and if amended, Section 40-33-210, as contained in SECTION 1, by striking the last three paragraphs of the section, beginning on line 24 and page 2, and inserting:
/ The terms of the members shall be are for six four years and until successors are appointed and qualify. No member will be allowed successive may serve more than two consecutive terms. All members of the Board shall must be appointed by the Governor with the advice and consent of the Senate.
Any An individual, group, or association may nominate qualified individuals and submit them to the Governor for his consideration. The Board board shall publish widely in the State and appropriate districts notice of all pending board vacancies to the Board. Vacancies shall must be filled for any the unexpired portion of a term by appointment of the Governor with the advice and consent of the Senate.
The Governor with the advice and consent of the Senate may remove any member of the Board a member who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional, or dishonorable. No member shall may be removed without first giving him an opportunity to refute the charges filed against him. He shall must be given a copy of the charges at the time they are filed./
Amend further, by striking SECTION 2, page 3, beginning on line 4, and inserting:
/SECTION 2. The members of the State Board of Nursing serving on this act's effective date continue to serve until the expiration of their terms and until their successors are appointed and qualify as provided in Section 40-33-210 of the 1976 Code, as amended in Section 1 of this act. The terms of members appointed to fill terms that have expired on or before this act's effective date are six years and must be determined from the expiration date. Members appointed to a term which expires after this act's effective date or to a term created by this act must be appointed for four years to expire on December 31 of the appropriate year. Members serving on this act's effective date are eligible for appointment to a new term.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senators McLEOD explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3638 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The amendment proposed by the Committee on Medical Affairs (Doc. No. 0762X) was adopted as follows:
Amend the bill, as and if amended, Section 20-7-2760(d), as contained in SECTION 1, page 1, line 42, by deleting /(c) through (g)/, so that when amended Section 20-7-2760(d) reads:
/(d) The decision of the department shall become is final unless appealed by a party to the hearing to the circuit family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review shall consist of a trial de novo must be conducted in accordance with the standards of review provided for in Section 1-23-380. The court shall have power to may enter judgment upon the pleadings and a certified transcript of the record which shall must include the evidence upon which the findings and decisions appealed are based./
Amend further, Section 20-7-2880(c), as contained in SECTION 2, page 2, line 16, by deleting /(c) through (g)/, so that when amended Section 20-7-2880(c) reads:
/(c) The decision of the department shall become is final unless appealed by a party to the hearing to the circuit family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review shall consist of a trial de novo must be conducted in accordance with the standards of review provided for in Section 1-23-380.
The court shall have power to may enter judgment upon the pleadings and a certified transcript of the record which shall must include the evidence upon which the findings and decisions appealed are based./
Amend further, Section 20-7-2940 b, as contained in SECTION 4, page 3, line 20, by deleting /(c) through (g)/, so that when amended Section 20-7-2940 b reads:
/b. Upon appeal, the decision of the department shall become is final unless appealed by a party to the hearing to the circuit family court having jurisdiction for the county in which the facility is located for review within thirty days after the receipt by the party of the notice of the decision. The review shall consist of a trial de novo must be conducted in the family court in accordance with the standards of review provided for in Section 1-23-380. The court shall have the power to may enter judgment upon the pleadings and a certified transcript of the record which shall must include the evidence upon which the findings and decisions appealed are based./
Amend title to conform.
Senator McLEOD explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The amendment proposed by the Committee on Banking and Insurance (Doc. No. 0852o) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-45-20 of the 1976 Code, as amended by Act 52 of 1989, is further amended to read:
"Section 38-45-20. A resident may be licensed as an insurance broker by the commissioner if the following requirements are met:
(1) the resident has been a licensed insurance agent for the same lines of insurance for which he proposes to apply as a broker of this State for at least two years;
(2) the payment of an annual license fee of one hundred dollars which is fully earned when received, not refundable;
(3) the filing of a bond with the commissioner in form approved by the Attorney General in favor of the State of South Carolina in the sum of fifty ten thousand dollars which has been executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. Until May 1, 1990, the bond may be executed in the amount of ten thousand dollars. The bond must be conditioned to pay a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with any insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction.
In lieu of a bond, the broker may file with the commissioner certificates of deposit in the sum of fifty ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. Until May 1, 1990, these substitute securities may be deposited in the amount of ten thousand dollars. An aggrieved person may institute an action in the county of his residence against the broker or his surety or both to recover on the bond or against the broker to recover from the certificates of deposit and a copy of the summons and complaint in the action must be served on the commissioner, who is not required to be made a party to the action;
(4) the payment to the commissioner, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, of a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-five days of the date of approval as long as the broker certifies to the commissioner that the business was placed in good faith and the policy was canceled at the request of the insured."
SECTION 2. Section 38-45-30 of the 1976 Code, as amended by Act 52 of 1989, is further amended to read:
"Section 38-45-30. A nonresident may be licensed as an insurance broker by the commissioner if the following requirements are met:
(1) filing an application on a form prescribed by the commissioner;
(2) filing an affidavit stating that he will not during the period of the license place, directly or indirectly, insurance on a risk located in this State except through licensed agents of insurers licensed to do business in this State;
(3) filing an affidavit stating that he is a licensed broker in another state;
(4) the payment of an annual license fee of one hundred dollars which is fully earned when received, not refundable;
(5) the filing of a bond with the commissioner in form approved by the Attorney General in favor of the State of South Carolina in the sum of fifty ten thousand dollars which has been executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. Until May 1, 1990, the bond may be executed in the amount of ten thousand dollars. The bond must be conditioned to pay any person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with any insurance law or regulation of this State;
(b) the broker's failure to transmit properly a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) an act of fraud committed by the broker in connection with an insurance transaction.
In lieu of a bond, the broker may file with the commissioner certificates of deposit in the sum of fifty ten thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. Until May 1, 1990, these substitute securities may be deposited in the amount of ten thousand dollars. An aggrieved person may institute an action in the county of his residence against the broker or his surety or both to recover on the bond or against the broker to recover from the certificates of deposit and a copy of the summons and complaint in the action must be served on the commissioner, who is not required to be made a party to the action;
(6) the payment to the commissioner, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, of a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-five days of the date of approval as long as the broker certifies to the commissioner that the business was placed in good faith and the policy was canceled at the request of the insured."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
The following Bills were carried over:
S. 624 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS; BY ADDING SECTION 39-41-255 SO AS TO PROVIDE THAT EVERY SERVICE STATION THAT HAS A WATER DISPENSER, AIR DISPENSER, OR BOTH, FOR USE IN SERVING VEHICLES SHALL ALLOW THESE DISPENSERS TO BE USED WITHOUT CHARGE; AND BY ADDING SECTION 39-41-265 SO AS TO PROVIDE THAT EVERY SERVICE STATION SHALL POST IN A CONSPICUOUS PLACE THE PRICE OF EACH TYPE OF GASOLINE IT HAS AVAILABLE, INCLUDING BOTH SELF-SERVICE AND FULL SERVICE PRICES.
Senator PATTERSON spoke on the Bill.
(On motion of Senator GIESE)
S. 1330 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
Senator SALEEBY explained the Bill.
(On motion of Senator LEATHERMAN)
S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.
Senator SALEEBY explained the Bill.
(On motion of Senator LOURIE)
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Clerk of the House read the Concurrent Resolution:
H. 4585 -- Reps. Sheheen, J. Rogers and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, FEBRUARY 28, 1990.
The Honorable George T. Gregory, Jr., Chief Justice of the South Carolina Supreme Court, and members of his party, were escorted to the rostrum by Senators WILLIAMS, MACAULAY, STILWELL and POPE and Reps. Wilkins, J. Rogers, Rudnick and Burch.
The PRESIDENT introduced the Honorable George T. Gregory, Jr., Chief Justice of the South Carolina Supreme Court.
Chief Justice Gregory addressed the Joint Assembly, as follows:
Lt. Governor Theodore introduced our special guest as follows:
"Today we are privileged to have with us, to address this Body, the Chief Justice of our Supreme Court, George T. Gregory, Jr. Let us welcome him."
Chief Justice Gregory addressed the Joint Assembly as follows:
"Mr. President, Mr. Speaker, Honorable members of the Senate and House, and friends... First, on behalf of the South Carolina Supreme Court, the Court of Appeals, the Circuit Court, the Family Court, Masters-In-Equity, Probate Court, Magistrates Court and Municipal Court, as well as all judicial personnel, let me thank you for the honor and privilege given me of addressing this Joint Assembly today. I appreciate your having invited me as Chief Justice to report the State of the Judiciary in South Carolina. This afternoon, I will briefly review 1989 accomplishments and the needs for 1990 and future years. I am especially happy to see a good relationship grow between the legislative and judicial branches of government. Our court continues to be grateful to the General Assembly and its leadership for understanding and encouragement. The judiciary, likewise, enjoys a good relationship with the Governor and members of the executive branch, for which we are also grateful. The genius of our system of government is the separation of powers, with each branch providing checks and balances on the others. I remind you that the pursuit of justice is the shared concern of all three branches which are truly partners in the administration of justice, but with separate and distinct responsibilities. Our common goal continues to seek for South Carolina a legal system that is just and fair to all its citizens. Perfection is not attainable, but we who are judges must maintain rigorous professional and personal standards and high ideals tempered only by a recognition of our human limits and capabilities. We pledge our best within the resources provided. South Carolina's record of selecting judges of high ability and integrity is good. The judiciary supports and endorses the Joint Legislative Judicial Screening Committee's recent action to ensure that judicial candidates will continue to meet the highest standards. The committee formalized its procedures based on models endorsed by the American Judicature Society and the American Bar Association. The committee adopted clear and stringent evaluative criteria against which to measure a judicial candidate's integrity, legal ability, temperament, work habits and financial responsibility. The background disclosures now required are sweeping, rigorous and detailed. It is crucial to our system of justice that we attract judicial candidates of impeccable character, keen judgment, demonstrated ability, dedication, common sense and sensitivity. Recent reforms ensure that the high caliber of our judiciary will be maintained. Procedures for the discipline of judges and lawyers were again reviewed during the past year. We recognize that public confidence in both the Bench and Bar is dependent on the integrity of our disciplinary procedures. Lay participation in the disciplinary process of judges and lawyers began in 1989. Their active involvement and participation adds strength and credence to the systems. Last year, we discussed with you the court's concerns with the delay from initial complaint about a judge or lawyer until final resolution. Complaints of substance are investigated and processed by the Attorney General's office. Formal complaints cannot be prepared and filed until fully investigated. You provided the Attorney General with funding for two additional investigators. Yet, more are needed for prompt investigation and timely resolution of all complaints. Unnecessary delay in processing complaints about judges and lawyers is intolerable. Effective September 1, 1990, the rules of the professional conduct will replace the code of professional responsibility as the rules governing the conduct of lawyers in South Carolina. These rules were proposed by the American Bar Association and have been adopted in nearly all of the states. The South Carolina Bar recommended they be adopted in South Carolina. After a public hearing by the Supreme Court, the rules were adopted with time allowed for all lawyers to learn them before their effective date. We commend to you the South Carolina Appellate Court rules submitted to the Chairmen of the Senate and House Judiciary Committees. Chief Justice Littlejohn chaired the Ad Hoc Committee which developed the rules. Justice Toal, of the Supreme Court, and Chief Judge Sanders, of the Court of Appeals, were the vice-chairmen. Input in this project was broad and included all segments of the Appellate Bar. The antiquated Supreme Court rules have long needed revision. The new Appellate Court rules, under study of over four years, answer that need. During 1989, we continue to experience a tremendous growth in litigation. The case load in both the Circuit Court and Family Courts, is increasing faster that we are able to dispose of the work. As a result, the number of cases pending in these courts had skyrocketed. We endeavored to address these increases over the years with a number of administrative initiatives. For example, we reduced the number of in-chamber or in-office weeks to create more trial court. We assigned special and retired judges from 1982 until 1989. The average yearly equivalent of 4.2 active full-time circuit judges and 1.0 active full-time family judge. In 1989, the court's criminal information system was in transition. General sessions or criminal cases were tracked by indictment number in 1988 and before. To coordinate with SLED's records, we now track by warrant number. More than 86,400 criminal warrants were filed in 1989. Pending at year's end were 31,300. This translates into an unmanageable 22 percent growth in 1989 with no end growth in sight. The filings of civil cases in Circuit Court remained the same in 1989 as the year before, 53,500. Dispositions slightly exceeded filings. By year's end, 24,400 cases were awaiting disposition, but only 3.7 percent had been docketed longer than one year. Common pleas cases require, on average, 23 weeks to be disposed. Last year, 75,800 cases were filed and 74,200 ended. The 19,600 cases pending at the end of 1989 is higher than the year before. The case load grows 1,000 to 1,500 yearly. Our goal is for every Family Court matter to be concluded within six months of filing. During 1989, 6 percent required longer. The average age of a pending case is now 12 weeks. In 1983, the South Carolina Supreme Court first provided for automatic enforcement of child support accounts paid through Clerks of Court. In the following fiscal year, 1983-84, statewide collections were $41,000,000. In the past fiscal year, statewide child support collections processed by clerks topped the $100,000,000 mark. We can be justifiably proud of our efforts, implemented long before federal recognition of the importance of timely collection of child support. The case load of the Probate Courts has been tracked for six years, and has remained relatively constant at more than 19,000 cases each year. Of the approximately one and one-third million cases handled by the state's trial courts each year, 57 percent or 742,000 were handled in Magistrate's Court, and 30 percent or 390,000 were handled in the Municipal Courts. Of course, a large share of those cases are disposed as bond forfeitures in traffic cases. A citizen's typical encounter with the court system will be an appearance before a magistrate or municipal judge. These two courts generate nearly $50,000,000 for their counties and municipalities at a cost of less than $20,000,000 to operate statewide. In February, 1989, following ratification by the General Assembly of a Constitutional Amendment, the State Grand Jury Act became effective. Attorney General Travis Medlock names Cameron M. Currie as a Chief Deputy Attorney General and as Chief, State Grand Jury section. Critical to the success of this effort was the selection of its chief. The Supreme Court then entered an order on March 9, 1989, establishing procedures for selection of the first state grand jury. Participating in the jury selection and notification process were the Clerk of the State Grand Jury, personnel of the Division of Information Resource Management, the Clerks of Court of all 46 counties, the sheriffs and the chief administrative judge for the fifth circuit. The first state grand jury was sworn and charged on June 14, 1989. The Grand Jury meets once a month for a three day session. To date, the State Grand Jury had indicted 110 individuals for trafficking in drugs. 40 persons have been found guilty or have entered pleas of guilty. All defendants sentenced to date have received jail time. The State Grand Jury has had an impact on the judiciary. The presiding judge has assumed numerous duties related to the Grand Jury in addition to his already heavy load as chief administrative judge, criminal, for the fifth circuit. Five circuit judges have been assigned both criminal and civil cases arising from action by the Grand Jury. The first criminal trial in a state grand jury case lasted 14 days. Appeals from that trial have now been filed with the Supreme Court. Extra terms of court have been ordered to handle these cases, court reporters, juror fees and related expenses have been incurred. The State Grand Jury appears to be doing exactly what the legislature envisioned, investigating and indicting drug traffickers, and seizing their assets. This activity has had and will continue to have a significant impact on the state's judicial system. The impact of Hugo on the judicial department was both immediate and long term. Court was initially disrupted in a number of areas but all counties, including Charleston, were able to resume court within three weeks after the storm. Charleston, our third busiest, was the hardest hit with the condemnation of the county courthouse. I compliment the citizens and government of Charleston, county officials and the judges, lawyers and Bar officers, for their response to this emergency. A temporary replacement courthouse, larger and more functional than the old courthouse, was opened in January, less than four months after the loss of the old facility. This temporary courthouse should be more than adequate until a permanent replacement can be planned and rebuilt. The long-term impact of Hugo is difficult to project but we anticipate an avalanche of civil filings and to a lesser extent, additional criminal cases. The courts will be years working through cases generated by Hugo. The judicial department's number one priority is additional circuit court judgeships. Our request for nine new judges and related support positions was recently passed by the House, and is now before a Senate Judiciary Subcommittee. The need of the new judgeships is clear. The Omnibus Crime Bill, increased drug and DUI cases, Hugo, State Grand Jury proceedings, death penalty cases and the tremendous growth of complex civil litigation has overwhelmed the Circuit Courts. Approval by the Governor of the pending abortion bill now on his desk will add to the load. The last increase in circuit court judges occurred in 1979, when we went from 25 to 31 judges. The availability of family court judges for assignment to Circuit Court had disappeared. We presently require and assign all family court judges to that court. Our request for additional circuit judges is prudent and timely. Having experienced the Circuit Court caseload growth of the 80's, we cannot meet the demands of the 90's with the resources of the 70's. Justice unnecessarily delayed is justice denied to the people of South Carolina. The only question is budgetary. I am confident of your favorable response. Before closing, I will touch briefly on the Supreme Court and the Court of Appeals. Both are functioning well and in harmony. The Supreme Court is temporarily housed in the Calhoun Building with the Court of Appeals during renovation of the Supreme Court Building. Asbestos removal has momentarily delayed progress on the renovation. With your permission, I will introduce our colleagues present with us today. From the Supreme Court, we have Justices David Harwell, Lee Chandler, Ernest Finney, and Jean Toal. From the Court of Appeals, are Chief Judge Alex Sanders and Judges Randy Bell, Jasper Cureton, Jack Gardner, Bert Goolsby and Curtis Shaw. All have been wonderfully encouraging and supportive of me during the two years I have served as your Chief Justice. Similar encouragement and support has come from other judges of the unified court system and all court staff and department personnel. I thank them all. In closing, I thank the General Assembly for cooperation with and support of the judicial branch as we labor together for the good of all South Carolinians. Fidelity to our shared trust is our common goal as we administer justice. My faith rests in you and the people of our great State. Thank you very much."
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:36 P.M., the Senate resumed.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
S. 1255 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE DISPOSAL SITES, SO AS TO REVISE THE REQUIREMENTS FOR HAZARDOUS WASTE DISPOSAL BEGINNING JULY 1, 1990.
Senator LAND moved that the Bill be made a Special Order.
Senator LEATHERMAN moved that the Senate do now adjourn.
Senator LAND raised a Point of Order that a prior motion was pending.
The PRESIDENT overruled the Point of Order and stated that the motion to adjourn was a higher motion.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Gilbert Hinson Holland Leatherman Lee McGill McLeod Moore O'Dell Saleeby Shealy Smith, J.V.
NAYS
Bryan Fielding Giese Hayes Land Lourie Macaulay Martschink Mitchell Passailaigue Patterson Peeler Pope Rose Russell Smith, N.W. Stilwell Williams Wilson
The Senate refused to adjourn.
The question then was the motion to make S. 1255 a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond Fielding Giese Gilbert Hayes Hinson Holland Land Leatherman Lee Leventis Lourie Macaulay Martschink McGill McLeod Mitchell Moore O'Dell Passailaigue Patterson Peeler Pope Rose Russell Shealy Smith, H.C. Smith, J.V. Smith, N.W. Stilwell Thomas Williams Wilson
NAYS
Total--0
S. 1255 was made a Special Order.
On motion of Senator McLEOD, the Senate agreed to dispense with the Motion Period.
Debate Interrupted
S. 199 -- Senator Stilwell: A BILL TO REPEAL CHAPTER 11, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF RADIO COMMON CARRIERS; AND TO PROVIDE THAT THE REPEAL OF THIS CHAPTER MAY NOT BE CONSTRUED TO AUTHORIZE OR PROVIDE FOR THE REGULATION OF RADIO COMMON CARRIERS UNDER ANY OTHER CHAPTER OF TITLE 58 OR UNDER ANY OTHER PROVISION OF LAW.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator STILWELL spoke on the Bill.
Senator LEATHERMAN made a Parliamentary Inquiry as to whether or not the fact that a Senator desires to be present, and is not present, would stay consideration of the instant matter.
The PRESIDENT stated that it had been the custom and practice of the Senate when arriving at a Bill set for Special Order to proceed to a consideration of the Bill notwithstanding a member's desire to be present.
Senator STILWELL continued speaking on the Bill.
Senator WILLIAMS asked unanimous consent, with Senator STILWELL retaining the floor, to make a motion that the Senate stand adjourned, which was agreed to.
Debate was interrupted by adjournment.
At 1:17 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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