Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of the Psalmist in the New English Bible (Oxford-Cambridge rendering... Psalm 25:9-10):
"He guides the humble man in doing
right,
He teaches the humble His ways.
All the ways of the Lord are loving
and sure to
Men who keep His covenant and His charge."
Let us pray.
God of our Fathers: these are uncertain times abroad... and at home.
We pray for the people of Lithuania... and for the Soviet leadership. May a higher wisdom prevail... above and beyond the schemes of human political structures.
We know not what the future holds, but we know that this is the year of our Lord... and all time... and destiny... are in His hands.
In our little corner, may we hear anew the words of the psalmist... long ago:
"He guides the humble in doing right,
He teaches the humble His ways."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 23, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, South Carolina Ports Authority, with term to expire February 13, 1997:
John Warren, P.O. Box 764, Columbia, S.C. 29218 VICE Joseph P. Griffith
Referred to the Committee on Finance.
March 26, 1990
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Richland County Board of Voter Registration, with term to expire March 15, 1992:
Ms. Donna Weatherford, 7700 Castleton Lane, Columbia, S.C. 29223 VICE Mabel Willis
March 26, 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, Magistrates, Chesterfield County, with terms to expire April 30, 1994:
Elizabeth E. Burch, Route 1, Box 40, Chesterfield, S.C. 29709
W.A. Clark, P.O. Box 397, Jefferson, S.C. 29718
David H. Freeman, 126 North Pearl Street, Pageland, S.C. 29728
Elizabeth F. Gulledge, P.O. Box 131, Ruby, S.C. 29741
Thomas Belk Ingram, 204 Front Street, Cheraw, S.C. 29520
R. Rudolph Lee, Route 1, Box 366-A, Cheraw, S.C. 29520
Glenn N. McLain, P.O. Box 116, Patrick, S.C. 29584
Charles H. Pate, P.O. Box 458, McBee, S.C. 29101
James T. Teal, Route 1, Box 105, Patrick, S.C. 29584
James H. Tilley, Route 2, Box 727, Cheraw, S.C. 29520
March 22, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
It is my pleasure to invite you and the other members of the Senate Finance Committee to a breakfast in your honor on Wednesday, April 4, 1990. Breakfast will begin at 8:00 A.M. at The Faculty House on the University Horseshoe. My colleagues and I look forward to this breakfast and to the informal fellowship which it will provide during this special time together.
Please RSVP by March 30 to 777-4110, as to whether or not you will be able to attend.
I look forward to seeing you on April 4.
Sincerely,
James B. Holderman
Referred to Committee on Invitations.
On motion of Senator MACAULAY, Senator McCONNELL was granted a leave of absence for today.
On motion of Senator WILSON, Senator GIESE was granted a leave of absence for today.
S. 1413 -- Senator Martschink: A CONCURRENT RESOLUTION DESIGNATING MAY 5-12, 1990, AS "MOTORCYCLE SAFETY AWARENESS WEEK" IN SOUTH CAROLINA AND PROMOTING "MOTORCYCLE AWARENESS AND YOU" DURING THAT WEEK.
Returned with concurrence.
Received as information.
S. 1414 -- Senator Leatherman: A CONCURRENT RESOLUTION RECOGNIZING THE WEEK OF APRIL 8-14, 1990, AS NATIONAL BUILDING SAFETY WEEK, EXPRESSING HIGHEST TRIBUTE TO THE NUMEROUS CITY, COUNTY, AND STATE CODES-ENFORCEMENT OFFICIALS, AND COMMENDING THEM FOR THEIR COMMITMENT, DEDICATION, AND UNTIRING EFFORTS TO ASSURE THE HEALTH, SAFETY, AND WELFARE OF EVERY CITIZEN OF THIS STATE.
Returned with concurrence.
Received as information.
S. 1416 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO J. W. "BULL" FOOSHE OF MCCORMICK COUNTY FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AND EXTENDING HIM BEST WISHES UPON HIS RETIREMENT.
Returned with concurrence.
Received as information.
S. 1420 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. TOM EVATT OF VULCAN MATERIALS IN GREENVILLE AND A NATIVE OF PICKENS COUNTY WHO WAS SELECTED THE 1989-90 MINER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 1430 -- Senator Lourie: A CONCURRENT RESOLUTION TO DECLARE SUNDAY, APRIL 22, 1990, AS "EARTH DAY 1990" IN SUPPORT OF THE DECADE OF THE ENVIRONMENT AND TO ENCOURAGE PUBLIC AND INDIVIDUAL PARTICIPATION IN APPROPRIATE ACTIVITIES.
Returned with concurrence.
Received as information.
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
The House returned the Bill with amendments.
On motion of Senator PASSAILAIGUE, the Senate refused to agree to the amendments proposed by the House, and a message was sent to the House accordingly.
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
On motion of Senator LOURIE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator LOURIE explained the Report.
On motion of Senator LOURIE, the Report was adopted as follows:
The General Assembly, Columbia, S.C., March 8, 1990
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
Beg leave to report that they have carefully considered the same and recommend:
That it pass as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) There is created a task force to study homelessness in this State. The voting members are as follows:
(1) two members of the Senate and three members from the general public to be appointed by the President of the Senate;
(2) two members of the House of Representatives and three members from the general public to be appointed by the Speaker of the House;
(3) three members of the general public to be appointed by the Governor. These members may not have an identifiable interest with the groups provided in subsection (C);
(4) the Executive Director of the South Carolina State Housing, Finance, and Development Authority;
(5) the State Commissioner of Social Services, or his designee;
(6) the State Commissioner of Mental Health.
(B) At its first meeting, the task force shall elect a chairman from the members provided in subsection (A).
(C) In addition to the members provided in subsection (A), the presidents or directors, or their designees, of the following organizations shall serve on the task force in an advisory, nonvoting capacity:
(1) Association of Shelter Care Providers;
(2) South Carolina Association of Counties;
(3) South Carolina Association of Realtors;
(4) South Carolina Association of Housing Authority Directors;
(5) Black Homebuilders Association;
(6) South Carolina Coalition for the Homeless;
(7) Homebuilders Association of South Carolina;
(8) South Carolina Municipal Association;
(9) National Association of Social Workers;
(10) United States Department of Housing and Urban Development (state or local director);
(11) Department of Veterans Affairs.
(D) Vacancies occurring on the task force must be filled in the same manner as the original appointment.
SECTION 2. The task force shall:
(1) examine and study the problem of homelessness in this State;
(2) study the need for low-income housing as it relates to homelessness;
(3) recommend programs and policies as it considers appropriate to combat and eliminate homelessness in this State;
(4) conduct surveys and research as may be necessary;
(5) initiate and supervise projects and programs and conduct surveys and research as necessary in the study and examination of homelessness in this State;
(6) study the feasibility and practicality of establishing a housing trust fund in this State.
SECTION 3. (A) The task force may subpoena, audit, and investigate. The task force may subpoena witnesses and compel their attendance and testimony, administer oaths and affirmations, take evidence, and require by subpoena the production of books, papers, records, or other items relevant to the performance of the duties of the task force or to the exercise of its powers. If a subpoena is refused, the task force may make application to a circuit court of this State which has jurisdiction to order the witness to appear before the task force, to produce evidence, if so ordered, or to give testimony touching on the matter in question. Failure to obey the order may be punished by the circuit court as contempt. Upon motion made by a person to whom a subpoena has been issued, the Court of Common Pleas for Richland County may make an order which is necessary to protect that person from annoyance, embarrassment, oppression, or undue burden by expense. Witnesses must be paid mileage and fees as authorized by law for witnesses in civil cases.
(B) The task force may procure information and assistance from an officer or agency of the State or a subdivision. All officers and agencies shall give the task force all relevant information and reasonable assistance on matters of research within their knowledge and control.
(C) The task force may appoint an administrative assistant who shall serve at its pleasure. If necessary, the task force may consult with additional personnel including, but not limited to, faculty members of state colleges or universities, as are necessary for its work or may delegate its authority to make appointments to the chairman. The compensation of the administrative assistant and all other personnel must be paid from the monies appropriated to the task force by the General Assembly at a rate to be approved by the Chairmen of the Operations & Management Committees of the Senate and the House of Representatives. The total expenditure of the task force may not exceed forty thousand dollars.
(D) The task force may procure temporary and intermittent professional services and render compensation within the amount appropriated for the work of the task force. It also may contract for the services with colleges, universities, or other research institutions or individuals and may cooperate generally with associations, institutions, foundations, or corporations.
(E) The task force shall submit to the General Assembly its recommendations for preventing and eliminating homelessness in this State. The task force also may forward to the General Assembly studies or recommendations of others without endorsing those studies or recommendations. An interim report of the task force must be presented to the General Assembly not later than twelve months after the effective date of this act. The final report of the task force must be presented to the General Assembly at the end of its twenty-four month study which begins immediately after the effective date of this act. Upon presentation of the final report of the task force to the General Assembly, it ceases to exist.
(F) Ex-officio members shall serve without compensation. For all other members of the task force, the salaries, per diem, mileage, subsistence, and other expenses as provided by law for members of state boards, commissions, and committees must be paid from the approved accounts of the House of Representatives and the Senate.
SECTION 4. This act takes effect upon approval by the Governor./
Isadore E. Lourie Denny W. Neilson John E. Courson Candy Y. Waites Theo W. Mitchell Lucille S. Whipper On Part of the Senate On Part of the House
H. 3997 -- Reps. Limehouse, G. Bailey and Wofford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE SAW MILL BRANCH ROAD PROJECT BEGINNING IN BERKELEY COUNTY AND CONTINUING INTO DORCHESTER COUNTY, UPON ITS COMPLETION, THE BERLIN G. MYERS PARKWAY.
On motion of Senator ROSE, with unanimous consent, the Concurrent Resolution was recalled from the Committee on Transportation.
On motion of Senator ROSE, the Concurrent Resolution was adopted, ordered returned to the House.
The following were introduced:
S. 1432 -- Senators Shealy, Drummond, Helmly, Hinson, Long, Martschink, Passailaigue, Rose, Setzler and Wilson: A CONCURRENT RESOLUTION COMMENDING THE TROOPERS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR AGGRESSIVE ENFORCEMENT OF THE STATE'S TRAFFIC LAWS WHICH RESULTED IN A SIGNIFICANT DECREASE IN TRAFFIC FATALITIES IN 1989.
On motion of Senator SHEALY, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar without reference.
S. 1433 -- Senators Pope, Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 11, 1990, AT 12:30 P.M., AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE ERNEST A. FINNEY, JR., ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1990, A SUCCESSOR TO FILL THE REMAINDER OF THE UNEXPIRED TERM OF THE HONORABLE JONATHAN Z. MCKOWN, RESIDENT CIRCUIT JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, WHO IS RETIRING EFFECTIVE MAY 7, 1990; AND SUCCESSORS TO THE HONORABLE JAMES A. SPRUILL, JR., FAMILY COURT JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, AND THE HONORABLE THOMAS B. BARRINEAU, JR., FAMILY COURT JUDGE OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERMS EXPIRE JUNE 30, 1990.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1434 -- Senators Rose and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 TO TITLE 48 SO AS TO CREATE THE BEACH MANAGEMENT TRUST FUND AND THE BEACH MANAGEMENT TRUST FUND OVERSIGHT COMMITTEE; TO PROVIDE FOR ITS POWERS AND DUTIES; AND TO ESTABLISH AN ADMINISTRATIVE PROCEDURE TO COMPENSATE REAL PROPERTY OWNERS FOR AN INTERFERENCE WITH OR TAKING OF PROPERTY AS A RESULT OF LAW OR REGULATION.
Read the first time and referred to the Committee on Finance.
S. 1435 -- Senator Waddell: A BILL TO AMEND SECTION 59-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REVENUE BOND DEBT LIMITATION OF THE STATE EDUCATION ASSISTANCE AUTHORITY, SO AS TO INCREASE THE LIMIT FROM ONE HUNDRED SEVENTY-FIVE TO THREE HUNDRED MILLION DOLLARS.
Read the first time and referred to the Committee on Finance.
S. 1436 -- Senators Rose and Thomas: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 16 SO AS TO PROVIDE FOR THE SOUTH CAROLINA WORKPLACE DRUG TESTING ACT.
Read the first time and referred to the Committee on Judiciary.
S. 1437 -- Senators Hinson, McConnell, Mullinax, Mitchell, Giese, Setzler, Williams, Macaulay, Shealy, Martschink, Long, Holland, Wilson, Rose, J. Verne Smith, Pope, Passailaigue, Moore, O'Dell, McGill, Patterson, Fielding, Hinds, Russell, Matthews, Helmly, Leventis and McLeod: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE SAFETY BELTS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A VIOLATION TO BE CHARGED WHEN A PERSON IS STOPPED FOR A DRIVER'S LICENSE OR REGISTRATION CHECK AT A CHECKPOINT.
Read the first time and on motion of Senator HINSON, with unanimous consent, was ordered placed on the Calendar without reference.
S. 1438 -- Finance Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTIONS 14 AND 15, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS, SO AS TO INCREASE THE GENERAL OBLIGATION DEBT LIMIT FROM EIGHT TO TWELVE PERCENT OF THE ASSESSED VALUE OF ALL TAXABLE PROPERTY OF POLITICAL SUBDIVISIONS AND SCHOOL DISTRICTS AND DELETE OBSOLETE PROVISIONS.
Read the first time and ordered placed on the Calendar without reference.
S. 1439 -- Finance Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, 44-2-110, ALL AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO FURTHER PROVIDE FOR THOSE COSTS WHICH MAY NOT BE PAID FROM THE SUPERB ACCOUNT, TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS, AND TO SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO FURTHER PROVIDE FOR THE CONTENTS OF AND MANNER IN WHICH CERTAIN BENEFITS MUST BE PAID FROM LIABILITY INSURANCE POLICIES OR OTHER FINANCIAL RESPONSIBILITY MECHANISMS COVERING UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
Read the first time and ordered placed on the Calendar without reference.
S. 1440 -- Finance Committee: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 36 SO AS TO ENACT THE SOUTH CAROLINA SALES AND USE TAX ACT, TO AMEND TITLE 6, RELATING TO LOCAL GOVERNMENT PROVISIONS, BY ADDING CHAPTER 4, SO AS TO PROVIDE FOR THE ALLOCATION OF ACCOMMODATIONS TAX REVENUES, TO AMEND CHAPTER 31, TITLE 59, RELATING TO STATE AID FOR SCHOOLS, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE DISTRIBUTION OF SALES, USE, AND CASUAL EXCISE TAXES FOR SCHOOLS, AND TO REPEAL CHAPTER 35, TITLE 12, RELATING TO SALES, USE, ACCOMMODATIONS, AND CASUAL EXCISE TAXES.
Read the first time and ordered placed on the Calendar without reference.
S. 1441 -- Senator Martschink: A BILL TO AMEND SECTIONS 8-13-10, 8-13-20, AS AMENDED, 8-13-120, 8-13-610, 8-13-810, AND 8-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINDINGS OF THE GENERAL ASSEMBLY REGARDING ETHICS, DEFINITION OF THE TERM 'SUPERVISORY OFFICE', DUTIES OF THE STATE ETHICS COMMISSION, FILING OF A STATEMENT OF ECONOMIC INTERESTS, FILING THE STATEMENT BEFORE TAKING OATH OR COMMENCING EMPLOYMENT, AND REPORTING ON NAME OF, PURCHASES BY, OR GIFTS FROM LOBBYISTS, SO AS TO INCLUDE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES UNDER THE JURISDICTION OF THE STATE ETHICS COMMISSION; AND TO REPEAL ARTICLE 5, CHAPTER 13 OF TITLE 8 RELATING TO THE SENATE AND HOUSE OF REPRESENTATIVES ETHICS COMMITTEES.
Read the first time and referred to the Committee on Judiciary.
H. 4888 -- Reps. Harvin, Sheheen, Corbett, Keegan, Rama and Rudnick: A CONCURRENT RESOLUTION RECOGNIZING THE TWENTY-FIVE YEARS OF SERVICE OF BISHOP ERNEST L. UNTERKOEFLER IN THE CATHOLIC DIOCESE OF CHARLESTON AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4891 -- Rep. Moss: A CONCURRENT RESOLUTION TO CONGRATULATE BLACKSBURG ELEMENTARY SCHOOL IN CHEROKEE COUNTY UPON BEING RECOGNIZED AS A DEREGULATED SCHOOL UNDER THE TARGET 2000 - SCHOOL REFORM FOR THE NEXT DECADE ACT.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 4807 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 44-2-40, 44-2-60, BOTH AS AMENDED, 44-2-70, 44-2-90, AND 44-2-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO PROVIDE THAT THE SUPERB ACCOUNT MAY BE USED TO PAY ADMINISTRATIVE COSTS AND SPECIFY QUALIFYING REHABILITATION COSTS WHICH MAY BE PAID FROM THE ACCOUNT, TO IMPOSE A ONE-HALF CENT A GALLON ENVIRONMENTAL IMPACT FEE AND TO PROVIDE FOR THE MANNER IN WHICH IT IS TO BE USED AND COLLECTED, TO REVISE THE REDUCED UNDERGROUND STORAGE TANK REGISTRATION FEE AND REGISTRATION CERTIFICATE REQUIREMENTS, TO ESTABLISH A MAXIMUM AND MINIMUM AMOUNT AND NOTIFICATION REQUIREMENTS FOR THE SUPERB ACCOUNT FROM WHICH FUNDS ARE DISBURSED TO IMPLEMENT THE PROVISIONS OF THIS ACT, TO REVISE THE FINANCIAL RESPONSIBILITY REQUIREMENTS OF OWNERS OF UNDERGROUND STORAGE TANKS, TO DELETE THE PROHIBITION AGAINST CERTAIN EXPENSES BEING DIRECTLY BILLED TO OR REIMBURSED FROM THE SUPERB ACCOUNT, AND TO EXTEND THE DURATION OF CERTAIN PROVISIONS OF THIS ACT UNTIL DECEMBER 31, 1998.
Read the first time and on motion of Senator DRUMMOND, with unanimous consent, was ordered placed on the Calendar without reference.
Senator WADDELL, from the Committee on Finance, submitted a majority favorable with amendments and Senator SHEALY a minority unfavorable report on:
S. 1316 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND; TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATIONS, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendments report on:
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.
Ordered for consideration tomorrow.
Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:
H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4784 -- Reps. Harvin, H. Brown and Winstead: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, APRIL 24, 1990, AS "BAPTIST COLLEGE DAY" AT THE STATE HOUSE AND THROUGHOUT SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Invitations, submitted a favorable report on:
H. 4865 -- Reps. Harvin, J.C. Johnson, Neilson, M.D. Burriss, Holt, Nesbitt, G. Brown, Wilkes, Tucker, Smith, Klapman, McLellan, Barber, Sharpe, T. Rogers, Quinn, Corning, Blackwell, Rama, Waites, Harrison, Cork, Wofford, Fant, Keegan, Moss, Farr, Mattos, Gordon, Burch, McCain, Bennett, Keesley, Huff, Corbett, McGinnis, Jaskwhich, Kinon, Sturkie, Faber, J. Bailey, Koon, Wilder, Wells, Baker, D. Williams, Littlejohn, Cole, Ferguson, Glover, Whipper, Hallman, Phillips, T.C. Alexander, Kirsh, Haskins, Barfield, Lanford, Manly, McEachin, Kay, McAbee, McLeod, Blanding, McTeer, Snow, Altman, Rudnick, L. Martin, Vaughn and J. Rogers: A CONCURRENT RESOLUTION DESIGNATING OCTOBER 1990 AS "SOUTH CAROLINA LIBRARY ASSOCIATION MONTH" AND RECOGNIZING THE CONTRIBUTIONS OF LIBRARIES AND LIBRARIANS TO THE EDUCATIONAL, CULTURAL, ECONOMIC, AND RECREATIONAL RESOURCES OF THE STATE.
Ordered for consideration tomorrow.
The following Bill and Joint Resolution were read the third time and having received three readings in both Houses, it was ordered that the titles thereof be changed to that of Acts and same enrolled for Ratification:
H. 3223 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT BY THE WORKERS' COMPENSATION COMMISSION OF A DOCTOR TO EXAMINE AN INJURED EMPLOYEE AND TO COMPENSATION, SO AS TO PROVIDE THAT THE PHYSICIAN OR SURGEON MUST BE ALLOWED TRAVELING EXPENSES AND A REASONABLE FEE IN ACCORDANCE WITH A FEE SCHEDULE SET BY THE COMMISSION, RATHER THAN AS FIXED BY THE COMMISSION, TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE THAT THE FEES AND EXPENSES OF THE PHYSICIAN OR SURGEON MUST BE PAID BY THE COMMISSION RATHER THAN THE STATE.
H. 4458 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1084, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were severally read the third time, passed and ordered sent to the House of Representatives:
S. 1267 -- Senators Giese, Rose, Gilbert, Hinson, Long, Lee, J. Verne Smith, Shealy, Martschink, Helmly, Stilwell and Passailaigue: A BILL TO AMEND SECTION 40-43-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RENEWAL OF LICENSES FOR PHARMACISTS, FEES, AND REINSTATEMENT OF LAPSED LICENSES, SO AS TO ALLOW THE STATE BOARD OF PHARMACY TO ISSUE AN INACTIVE STATUS LICENSE TO A LICENSED PHARMACIST NOT ACTIVELY ENGAGED IN THE PRACTICE OF PHARMACY IN THE STATE, AND PROVIDE FOR THE REACTIVATION OF THE PHARMACIST'S LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-43-265 SO AS TO PERMIT THE BOARD TO REFUSE TO GRANT A LICENSE TO PRACTICE PHARMACY TO AN OTHERWISE QUALIFIED PERSON UPON ANY OF THE GROUNDS FOR WHICH A LICENSE CAN BE REVOKED OR SUSPENDED, AND 40-43-270 SO AS TO PROVIDE THAT ACTS OR OMISSIONS BY A LICENSEE CAUSING THE DENIAL, REVOCATION, SUSPENSION, OR RESTRICTION OF A LICENSE TO PRACTICE PHARMACY IN ANOTHER STATE SUPPORT THE ISSUANCE OF A FORMAL COMPLAINT AND THE COMMENCEMENT OF DISCIPLINARY PROCEEDINGS AS SET FORTH IN SECTION 40-43-260.
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.
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.
S. 1279 -- Senator Setzler: A BILL TO AMEND SECTION 23-1-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FEES FOR APPOINTMENT AS A STATE CONSTABLE, SO AS TO PROVIDE THAT NO FEES ARE REQUIRED OF PERSONS FORMERLY EMPLOYED AS LAW ENFORCEMENT OFFICERS WHO HAVE RETIRED WITH TWENTY-FIVE OR MORE YEARS OF CREDITABLE SERVICE.
S. 1318 -- Senator Williams: A BILL TO AMEND SECTION 33-2-102, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARTICLES OF INCORPORATION, SO AS TO REVISE WHAT THE ARTICLES MUST SET FORTH; TO AMEND SECTION 33-4-101, RELATING TO CORPORATE NAMES, SO AS TO FURTHER PROVIDE FOR THOSE THINGS FROM WHICH A CORPORATE NAME MUST BE DISTINGUISHABLE AND FOR THE EXCEPTIONS TO THESE CORPORATE NAME REQUIREMENTS; TO AMEND SECTION 33-8-310, RELATING TO DIRECTOR OR OFFICER CONFLICTS OF INTEREST, SO AS TO FURTHER PROVIDE FOR THOSE SITUATIONS WHERE A CONFLICT OF INTEREST TRANSACTION IS NOT VOIDABLE BY THE CORPORATION; TO AMEND SECTION 33-15-103, RELATING TO AN APPLICATION BY A FOREIGN CORPORATION FOR A CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO REVISE WHAT THE APPLICATION MUST SET FORTH; TO AMEND ARTICLE 7, CHAPTER 19 OF TITLE 33, RELATING TO MISCELLANEOUS REGULATORY PROVISIONS, SO AS TO DELETE CERTAIN REQUIREMENTS FOR DOMESTIC AND FOREIGN PROFESSIONAL CORPORATIONS TO DO BUSINESS IN THIS STATE AND TO DELETE THE REQUIREMENT THAT ANNUAL QUALIFICATION STATEMENTS MUST BE FILED; TO AMEND SECTION 33-20-105, RELATING TO SAVINGS PROVISIONS IN THE CORPORATE CODE, SO AS TO FURTHER PROVIDE FOR THESE SAVINGS PROVISIONS; TO AMEND SECTION 35-2-104, RELATING TO THE DEFINITION OF AN "ISSUING PUBLIC CORPORATION" FOR PURPOSES OF CONTROL SHARE ACQUISITION PROVISIONS, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 35-2-213, RELATING TO THE DEFINITION OF "RESIDENT DOMESTIC CORPORATION" FOR PURPOSES OF BUSINESS COMBINATION PROVISIONS, SO AS TO REVISE THIS DEFINITION; AND TO AMEND SECTION 35-2-224, RELATING TO THE APPLICABILITY OF BUSINESS COMBINATION PROVISIONS TO FOREIGN CORPORATIONS, SO AS TO FURTHER PROVIDE FOR THIS APPLICABILITY.
S. 1136 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND SECTION 44-77-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION"; SECTION 44-77-40, AS AMENDED, RELATING TO THE VALIDITY OF A DEATH WITH DIGNITY DECLARATION, SO AS TO DELETE THE REQUIREMENT THAT AN ACCOMPANYING AFFIDAVIT TO A DECLARATION MUST BE SUBSCRIBED AND SWORN TO BY THE TWO WITNESSES IN THE DECLARANT'S PRESENCE; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO PROVIDE FOR THE APPOINTMENT OF AN AGENT, REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION, AND PROVIDE FOR SPECIFIC DIRECTIONS IN A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO THE REVOCATION OF A DECLARATION, SO AS TO PROVIDE FOR REVOCATION BY A DECLARANT'S AGENT INSTEAD OF DESIGNEE.
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. 1194X) was adopted as follows:
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1, and inserting:
/SECTION 1. Section 44-77-20(1), (2) and (4) of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"(1) 'Declarant' means a person who has signed a declaration in accordance with Sections 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40.
(2) 'Life-sustaining procedures' means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized or any other procedure specified by the declarant in the declaration pursuant to Section 44-77-50. Unless the declarant specifically states otherwise, life Life-sustaining procedures do not include the administration of medication or the provision of treatment, nutrition, and hydration for comfort care or alleviation of pain.
(4) 'Terminal condition' means an incurable or irreversible condition that, without the use of life-sustaining procedures, will result in death within a relatively short period of time, a state of permanent unconsciousness, or any other incurable or irreversible condition capable of causing death or permanent unconsciousness that is specified by the declarant in the declaration pursuant to Section 44-77-50./
Amend further by striking SECTION 3, beginning on page 2, and inserting:
/SECTION 3. Section 44-77-50 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-50. (A) The declaration must be substantially in the following form with the procedure and requirements for revocation of the declaration appearing either in boldface print or in all upper case letters, the characters in either case being of at least the same size as used in the rest of the declaration:
STATE OF SOUTH CAROLINA DECLARATION OF A DESIRE
COUNTY OF _____________ FOR A NATURAL DEATH
I, _____, being at least eighteen years of age and a resident of and domiciled in the City of ________, County of _____, State of South Carolina, make this Declaration this ____ day of ___________, 19__.
I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal, and I declare:
If at any time I have a condition certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur within a relatively short period of time without the use of life-sustaining procedures, or that I am in a state of permanent unconsciousness, and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that the procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.
In the absence of my ability to give directions regarding the use of life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians and any health facility in which I may be a patient as the final expression of my legal right to refuse medical or surgical treatment, and I accept the consequences from the refusal.
I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.
THIS DECLARATION MAY BE REVOKED: BY ANY OF THE FOLLOWING METHODS. HOWEVER, A REVOCATION IS NOT EFFECTIVE UNTIL IT IS COMMUNICATED TO THE ATTENDING PHYSICIAN.
(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED, IN EXPRESSION OF THE DECLARANT'S INTENT TO REVOKE, BY THE DECLARANT OR BY SOME PERSON IN THE PRESENCE OF AND BY THE DIRECTION OF THE DECLARANT. REVOCATION BY DESTRUCTION OF ONE OR MORE OF MULTIPLE ORIGINAL DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS. THE REVOCATION OF THE ORIGINAL DECLARATIONS ACTUALLY NOT DESTROYED BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION;
(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY THE DECLARANT EXPRESSING HIS INTENT TO REVOKE. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE WRITTEN REVOCATION;
(3) BY AN ORAL EXPRESSION BY THE DECLARANT OF HIS INTENT TO REVOKE THE DECLARATION. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT. HOWEVER, AN ORAL REVOCATION MADE BY THE DECLARANT BECOMES EFFECTIVE UPON COMMUNICATION COMMUNICATED TO THE ATTENDING PHYSICIAN BY A PERSON OTHER THAN THE DECLARANT IS EFFECTIVE ONLY IF:
(a) THE PERSON WAS PRESENT WHEN THE ORAL REVOCATION WAS MADE;
(b) THE REVOCATION WAS COMMUNICATED TO THE PHYSICIAN WITHIN A REASONABLE TIME;
(c) THE PHYSICAL OR MENTAL CONDITION OF THE DECLARANT MAKES IT IMPOSSIBLE FOR THE PHYSICIAN TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH THE DECLARANT THAT THE REVOCATION HAS OCCURRED.
THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN HE RECEIVED NOTIFICATION OF THE REVOCATION. TO BE EFFECTIVE AS A REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE A DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-SUSTAINING PROCEDURES BE ADMINISTERED;
(4) IF THE DECLARANT, IN THE SPACE BELOW, HAS AUTHORIZED AN AGENT TO REVOKE THE DECLARATION, THE AGENT MAY REVOKE ORALLY OR BY A WRITTEN, SIGNED, AND DATED REVOCATION OR AN ORAL REVOCATION BY A PERSON DESIGNATED BY THE DECLARANT IN THE DECLARATION, EXPRESSING THE DESIGNEE'S INTENT PERMANENTLY OR TEMPORARILY TO REVOKE THE DECLARATION. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DESIGNEE. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION INSTRUMENT. A DESIGNEE AN AGENT MAY REVOKE ONLY IF THE DECLARANT IS INCOMPETENT TO DO SO. AN AGENT MAY REVOKE THE DECLARATION PERMANENTLY OR TEMPORARILY. IF THE DECLARANT WISHES TO DESIGNATE A PERSON WITH AUTHORITY TO REVOKE THIS DECLARATION ON HIS BEHALF, THE NAME AND ADDRESS OF THAT PERSON MUST BE ENTERED BELOW:
______________________ ______________________
NAME OF DESIGNEE
ADDRESS
AT THIS POINT, YOU MAY, IF YOU WISH, GIVE ADDITIONAL INSTRUCTIONS TO YOUR PHYSICIAN OR AUTHORIZE AN AGENT TO DO SO. YOU ALSO MAY AUTHORIZE AN AGENT TO ENFORCE THIS DECLARATION. YOU ARE NOT REQUIRED TO GIVE ADDITIONAL INSTRUCTIONS AND YOU ARE NOT REQUIRED TO NAME AN AGENT. THIS DECLARATION IS VALID WHETHER OR NOT YOU DO SO.
PLEASE STRIKE THROUGH ANY OF THE SPACES BELOW IN WHICH YOU DO NOT MAKE AN ENTRY AND INITIAL THOSE ENTRIES MADE, AS DIRECTED BELOW.
1. I appoint as my agent with the authority to (initial before any that apply):
___ a. enforce this declaration by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in this declaration;
___ b. revoke this declaration;
___ c. make treatment decisions as set forth below (if you make an entry here, also place your initials at the end of the entry):
____________________________________________________
____________________________________________________
Agent's address
____________________________________________________
2. I further instruct my physicians as follows (if you make an entry here, place your initials at the end of the entry):
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
Declarant
STATE OF ________ AFFIDAVIT
COUNTY OF
We, _______ and ________, the undersigned witnesses to the foregoing Declaration, dated the _____day of ______, 19__, being first duly sworn, declare to the undersigned authority, on the basis of our best information and belief, that the Declaration was on that date signed by the declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, subscribe our names as witnesses on that date. The declarant is personally known to us, and we believe him to be of sound mind. Each of us affirms that he is qualified as a witness to this Declaration under the provisions of the South Carolina Death With Dignity Act in that he is not related to the declarant by blood or marriage, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of the attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a patient in a hospital or skilled or intermediate care nursing facility at the date of execution of this Declaration at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.
Witness
Witness
Subscribed before me by ______, the declarant, and subscribed and sworn to before me by _____ and ______, the witnesses, this _________ day of ________, 19__.
Signature
Notary Public for
My commission expires:
SEAL
(B) A declaration may include other specific directions, including, but not limited to, a designation of another person to make treatment decisions for the declarant if the declarant's condition is terminal or to enforce the declaration by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section or Section 44-77-80(4) is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney unless the declarant states a contrary intention in the durable power of attorney or in the declaration or unless the probate court determines that there is good cause for terminating the authority of the agent. If the authority of the agent is terminated by the probate court, the court shall authorize the guardian or attorney in fact, if one has been appointed, to exercise the authority delegated to the agent in the declaration."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION. ___. Section 44-77-30 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-30. If any a person eighteen years of age or older adopts a declaration that is substantially in the form provided in Section 44-77-50, whether executed before or after an amendment is made to the form, and that on its face is duly executed, witnessed, and authenticated as provided in Section 44-77-40 or on its face is in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted, if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40, and the person's present condition is certified to be terminal by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician. All patients with life-threatening conditions that are diagnosed as terminal must be administered active treatment for at least six hours before the physician may give effect to a declaration."/
Amend title to conform.
Senator BRYAN proposed the following amendment (Doc. No. 1245X), which was adopted:
Amend the bill, as and if amended, by striking Section 44-77-20(4), as contained in SECTION 1, and inserting:
/(4) 'Terminal condition' means an incurable or irreversible condition that, without the use of life-sustaining procedures, will result in death within a relatively short period of time or that results from a state of permanent unconsciousness; or any other incurable or irreversible condition capable of causing death or permanent unconsciousness that is specified by the declarant in the declaration pursuant to Section 44-77-50./
Amend title to conform.
Senator BRYAN explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
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. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: 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.
S. 1427 -- Senator Holland: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE TRAFFIC-CONTROL LIGHTS AT CERTAIN DESIGNATED HIGHWAYS AND INTERSECTIONS IN KERSHAW COUNTY.
S. 1137 -- Senators McLeod, Lourie, Nell W. Smith, Leatherman and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
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. 1237X) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 44 of the 1976 Code is amended by adding:
Section 44-66-10. This chapter may be cited as the 'Adult Health Care Consent Act'.
Section 44-66-20. As used in this chapter:
(1) 'Health care' means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin.
(2) 'Health care provider' or 'provider' means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this State to administer health care.
(3) 'Health care professional' means an individual who is licensed, certified, or otherwise authorized by the laws of this State to provide health care to members of the public.
(4) 'Person' includes, but is not limited to, an individual, a state agency, or a representative of a state agency.
(5) 'Physician' means an individual who is licensed to practice medicine or osteopathy under Chapter 47 of Title 40.
(6) 'Unable to consent' means unable to appreciate the nature and implications of the patient's condition and proposed health care, to make a reasoned decision concerning the proposed health care, or to communicate that decision in an unambiguous manner. This definition does not include minors, and this chapter does not affect the delivery of health care to minors unless they are married or have been determined judicially to be emancipated. A patient's inability to consent must be certified by two licensed physicians, each of whom has examined the patient. However, in an emergency the patient's inability to consent may be certified by a health care professional responsible for the care of the patient if the health care professional states in writing in the patient's record that the delay occasioned by obtaining certification from two licensed physicians would be detrimental to the patient's health. A certifying physician or other health care professional shall give an opinion regarding the cause and nature of the inability to consent, its extent, and its probable duration.
Section 44-66-30. (A) Where a patient is unable to consent, decisions concerning his health care may be made by the following persons in the following order of priority:
(1) an agent authorized by the patient to make decisions concerning life-sustaining treatment pursuant to Section 44-77-50(B) and whose authority has not been terminated, if the proposed treatment is a 'life-sustaining procedure' as defined in Section 44-77-20(2) and the patient's condition is terminal as defined in Section 44-77-20(4);
(2) a guardian appointed by the court pursuant to Article 5, Part 3 of the South Carolina Probate Code, if the decision is within the scope of the guardianship;
(3) an attorney-in-fact appointed by the patient in a durable power of attorney executed pursuant to Section 62-5-501, if the decision is within the scope of his authority;
(4) a person given priority to make health care decisions for the patient by another statutory provision;
(5) a spouse of the patient unless the spouse and the patient are separated pursuant to one of the following:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement;
(c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(6) a parent or adult child of the patient;
(7) an adult sibling, grandparent, or adult grandchild of the patient;
(8) any other relative by blood or marriage who reasonably is believed by the health care professional to have a close personal relationship with the patient;
(9) a person given authority to make health care decisions for the patient by another statutory provision.
(B) If persons of equal priority disagree on whether certain health care should be provided to a patient who is unable to consent, an authorized person, a health care provider involved in the care of the patient, or any other person interested in the welfare of the patient may petition the probate court for an order determining what care is to be provided or for appointment of a temporary or permanent guardian.
(C) Priority under this section must not be given to a person if a health care provider responsible for the care of a patient who is unable to consent determines that the person is not reasonably available, is not willing to make health care decisions for the patient, or is unable to consent as defined in Section 44-66-20(4).
(D) An attending physician or other health care professional responsible for the care of a patient who is unable to consent may not give priority or authority under subsections (A)(5) through (8) to a person if the attending physician or health care professional has actual knowledge that, before becoming unable to consent, the patient did not want that person involved in decisions concerning his care.
(E) This section does not authorize a person to make health care decisions on behalf of a patient who is unable to consent if, in the opinion of the certifying physicians, the patient's inability to consent is temporary, and the attending physician or other health care professional responsible for the care of the patient determines that the delay occasioned by postponing treatment until the patient regains the ability to consent will not result in significant detriment to the patient's health.
Section 44-66-40. (A) Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate an authorized person, or by continuing to attempt to locate an authorized person, presents a substantial risk of death, serious permanent disfigurement, or loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient. Health care for the relief of suffering may be provided without consent at any time that an authorized person is unavailable.
(B) Health care decisions on behalf of a patient who is unable to consent may be made by a person named in Section 44-66-30 if no person having higher priority under that section is available immediately, and in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the delay occasioned by attempting to locate a person having higher priority presents a substantial risk of death, serious permanent disfigurement, loss or impairment of the functioning of a bodily member or organ, or other serious threat to the health of the patient.
Section 44-66-50. Health care may be provided without consent to a patient who is unable to consent if no person authorized by Section 44-66-30 to make health care decisions for the patient is reasonably available and willing to make the decisions, and, in the reasonable medical judgment of the attending physician or other health care professional responsible for the care of the patient, the health care is necessary for the relief of suffering or restoration of bodily function or to preserve the life, health, or bodily integrity of the patient.
Section 44-66-60. (A) Unless the patient, while able to consent, has stated a contrary intent to the attending physician or other health care professional responsible for the care of the patient, this chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the religious beliefs of the patient.
(B) This chapter does not authorize the provision of health care to a patient who is unable to consent if the attending physician or other health care professional responsible for the care of the patient has actual knowledge that the health care is contrary to the patient's unambiguous and uncontradicted instructions expressed at a time when the patient was able to consent.
(C) This section does not limit the evidence on which a court may base a determination of a patient's intent in a judicial proceeding.
Section 44-66-70. (A) A person who in good faith makes a health care decision as provided in Section 44-66-30 is not subject to civil or criminal liability on account of the substance of the decision.
(B) A person who consents to health care as provided in Section 44-66-30 does not by virtue of that consent become liable for the costs of care provided to the patient.
(C) A health care provider who in good faith relies on a health care decision made by a person authorized under Section 44-66-30 is not subject to civil or criminal liability or disciplinary penalty on account of his reliance on the decision.
(D) A health care provider who in good faith provides health care pursuant to Sections 44-66-40 or 44-66-50 is not subject to civil or criminal liability or disciplinary penalty on account of the provision of care. However, this section does not affect a health care provider's liability arising from provision of care in a negligent manner."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator BRYAN explained the amendment.
On motion of Senator SETZLER, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bill and Joint Resolution having been read the second time were passed and ordered to a third reading:
S. 1314 -- Senator Williams: A BILL TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.
S. 1127 -- Senators Wilson, Thomas and Rose: A JOINT RESOLUTION TO RATIFY A PROPOSED AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO DELAY THE EFFECTIVE DATE OF ANY LAW VARYING THE COMPENSATION OF MEMBERS OF THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES UNTIL AFTER AN INTERVENING ELECTION OF MEMBERS OF THE HOUSE OF REPRESENTATIVES IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE PRIOR RATIFICATION OF THE GENERAL ASSEMBLY OF THIS AMENDMENT ON JANUARY 19, 1790, IS INVALID FOR PURPOSES OF PROMULGATING THE AMENDMENT.
The following Bill was carried over:
S. 1280 -- Senators Fielding, Courson, Land, Patterson, Passailaigue, Gilbert, Lee, Hayes, Hinds, Matthews, Helmly, Waddell and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
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.
On motion of Senator MOORE, the Bill was made a Special Order.
S. 1411 -- Senator Williams: A BILL TO AMEND TITLE 1, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO CREATE THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, PROVIDE FOR ITS COMPOSITION AND THE TERMS OF THE MEMBERS, PROVIDE FOR THE FILLING OF VACANCIES, PROVIDE FOR ITS DUTIES, AND AUTHORIZE THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR.
On motion of Senator WILLIAMS, the Bill was recalled from the Committee on Judiciary.
On motion of Senator WILLIAMS, the Bill was ordered placed on the Calendar for consideration tomorrow.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the balance of the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 351 -- Senator Leatherman: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-13-287, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF SIX MONTHS FOR A FIRST OFFENSE, AND ONE YEAR FOR A SECOND OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES WITHIN TEN YEARS FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
H. 4483 -- Reps. Harwell, Felder, Baxley, Corning, Cole, Hayes and D. Martin: A BILL TO AMEND SECTION 9-8-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, IN PART, TO THE PROHIBITION AGAINST PRACTICING LAW BY RETIRED JUSTICES AND JUDGES DRAWING RETIREMENT COMPENSATION, SO AS TO ELIMINATE THE PROHIBITION, AND TO PROVIDE THAT SUCH A RETIRED JUSTICE OR JUDGE WHO PRACTICES LAW MAY NOT SERVE AS A JUSTICE OR JUDGE IN ANY COURT IN THIS STATE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senators WILLIAMS, WADDELL, ROSE and McCONNELL proposed the following amendment (Doc. No. 2979J), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber remaining sections to conform.
Amend title to conform.
Senator WILLIAMS explained the amendment.
Senator WILLIAMS moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator HOLLAND, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
THE SENATE PROCEEDED TO A REGULAR CALL OF THE CALENDAR.
S. 215 -- Senator Mitchell: A BILL TO AMEND SECTION 12-27-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SELECT OVERSIGHT COMMITTEE CREATED TO MONITOR FUNDS GENERATED FROM CERTAIN GASOLINE TAXES AND TO OVERSEE THE ESTABLISHMENT OF PRIORITIES FOR THE IMPLEMENTATION OF THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY, SO AS TO ADD TWO MEMBERS TO THE COMMITTEE, ONE OF WHOM MUST BE OF A MINORITY RACE TO BE APPOINTED BY THE PRESIDENT OF THE SENATE AND ONE OF WHOM MUST BE A FEMALE APPOINTED BY THE SPEAKER OF THE HOUSE.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was carried over.
S. 34 -- Senators Macaulay, Williams and Thomas: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO ELIMINATE THE REQUIREMENT THAT ALL INSURERS OFFER OR WRITE PHYSICAL DAMAGE COVERAGE UNDER CERTAIN CONDITIONS, TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE WHICH ALSO MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH SHALL REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SALEEBY proposed the following amendment (Doc. No. 0448I, G1):
Amend the bill, as and if amended, by striking Section 1 in its entirety, and inserting:
SECTION 1. Section 38-77-280 of the 1976 Code is amended to read:
"Section 38-77-280. (A) Except as provided in subsection (B), all automobile insurers, including those insurance companies writing private passenger physical damage coverages only, shall make collision coverage and either comprehensive or fire, theft, and combined additional coverage available to any insured or qualified applicant who requests such coverage.
Collision coverage must have a mandatory deductible of fifty dollars, but an insured or qualified applicant, at his option may select an additional deductible in appropriate increments up to one thousand dollars.
Comprehensive coverage or fire, theft, and combined additional coverages may not be subject to any mandatory deductible, but an insured, at his option, may select a deductible of from fifty to one thousand dollars in appropriate increments. It is an unfair trade practice, as described in Section 38-57-30 and 38-57-40, for an insurer or an agent to sell collision insurance with a fifty dollar deductible or comprehensive coverage or fire, theft, and combined additional coverages without a deductible unless the insured is notified at the time of application of the savings which may be realized if the applicant or the insured selects a higher deductible. This notice is required only at the time of the initial sale and must be in a form approved by the Chief Insurance Commissioner.
(B) Notwithstanding subsection (A) and Section 38-77-110 and 38-77-920, automobile insurers may refuse to write automobile physical damage insurance coverage, including automobile comprehensive physical damage, collision, fire, theft, and combined additional coverage, for any applicant or existing policyholder, on renewal, for a motor vehicle customarily operated by an individual, either the named insured or any other operator not excluded in accordance with Section 38-77-340 and who resides in the same household, where one or more of the conditions or factors prescribed in Section 38-73-455 exist. In addition, automobile insurers may refuse to write physical damage insurance coverage to any applicant or existing policyholder, on renewal, who has collected benefits provided under any automobile insurance physical damage coverage during the thirty-six months immediately preceding the effective date of coverage, for two or more total fire losses or two or more total theft losses or one or more 'chargeable accidents' as defined in Section 38-73-455 within the thirty-six months immediately preceding the effective date of coverage or has had convictions for driving violations on two or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Department of Highways and Public Transportation.
(C) Notwithstanding Section 38-77-110, automobile physical damage coverage in an automobile insurance policy may be cancelled at any time during the policy period by reason of the factors or conditions described in Section 38-73-455 (A) or Section 38-77-280 (B) which existed prior to the commencement of the policy period and which were not disclosed to the insurer at the commencement of the policy period.
(D) No policy of insurance which provides automobile physical damage coverage only may be ceded to the Facility.
(E) Insurers of automobile insurance may charge a rate for physical damage insurance coverages different than those provided for in Section 38-73-457 if the rates are filed and approved by the Chief Insurance Commissioner. Any applicant or existing policyholder, to be charged this different rate, must be denied the coverage pursuant to subsection (B) at the rate provided in section 38-33-457 Section 38-73-457. No policy of automobile insurance which includes physical damage insurance coverages offered to an applicant or existing policyholder pursuant to this paragraph may be ceded to the Facility.
(F) Notwithstanding any other provision of law, a designated carrier may not write collision coverage, comprehensive coverage, or fire, theft, combined additional coverages with a deductible of less than two hundred fifty dollars. An insured or qualified applicant may select an additional deductible in appropriate increments up to one thousand dollars. However, the mandatory deductible does not apply to safety glass."
Amend title to conform.
On motion of Senator SALEEBY, with unanimous consent, the Bill was carried over.
H. 3692 -- Reps. M.O. Alexander, M.D. Burriss, Wilder, Mappus, Rama, Holt, Quinn, Taylor, Faber, Fair, McBride, Hearn, McKay, Klapman, L. Martin, Cork, McLeod, Manly, Blackwell, Phillips, Sturkie, Neilson, Corning, J. Bailey, Baxley, G. Bailey, T.C. Alexander, Baker, Fant, Mattos and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-15 SO AS TO REQUIRE A LICENSED INSURER WHO DECIDES TO CEASE DOING BUSINESS FOR ANY LINE OR SUBLINE OF INSURANCE TO NOTIFY ALL POLICYHOLDERS OF THIS FACT AT LEAST NINETY DAYS BEFORE THE ANNIVERSARY OF THE POLICY AND PROHIBIT THE CHIEF INSURANCE COMMISSIONER FROM RETURNING SECURITIES DEPOSITED UNLESS THE INSURER COMPLIES WITH THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (Doc. No. 5327U) proposed by Senator SALEEBY and printed in the Journal of January 9, 1990.
On motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over.
H. 3702 -- Rep. Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator LAND proposed the following amendment (Doc. No. 3294R, G2), which was carried over:
Amend the bill, as and if amended, page 3702-2, line 27, by adding before the period at the end /over whom the broker has no control/.
Amend title and renumber sections to conform.
On motion of Senator BRYAN, with unanimous consent, the amendment was carried over.
Debate was interrupted by adjournment.
At 12:52 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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