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 Senator J. VERNE SMITH as follows:
Let us hear God's answer to Solomon's prayer as contained in Chronicles II, 7:14:
If My people which are called by My name shall humble themselves and pray and seek My face and turn from their wicked ways, then will I hear them from Heaven and will forgive their sins and will heal their land.
Let us pray.
Our kind and loving Heavenly Father, we are so grateful to You for Your many blessings to us. Thank You, Lord, for blessing us according to Your love and kindness and tender mercies instead of just how we deserve. We pray Your guidance and help us to make good decisions and we pray, Dear God, that we can reach a lasting and just peace in the Middle East.
For Christ sake, Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Mr. President, I rise today to recognize in the gallery Dr. O'Neal Humphries, Dr. Donald Saunders, and Dr. Lucius Lafitte. Dr. Humphries, who is a cardiologist, is Dean of the USC Medical School and today will serve as our "Doctor of the Day" in the Legislature. With him is Dr. Saunders, another leading cardiologist, who is Senior Associate Dean for Planning and Development. Dr. Lafitte of Allendale is a graduate of the USC Medical School and is doing his residency in family practice medicine. He plans to return to Allendale to practice medicine with his father, Dr. Luke Lafitte.
Mr. President, I would also like to note the achievements of the University of South Carolina Medical School. This year, the Medical School celebrates the tenth anniversary of its first graduating class. Also, the Medical School will graduate its 500th doctor during commencement ceremonies in May.
Information packets about the Medical School have been delivered to your offices today. I would appreciate each of you taking time to read this information.
At this time, we'd like to recognize the many achievements of the Medical School.
When the University of South Carolina Medical School opened its doors in 1977, they promised to produce the very highest quality doctors. We also were assured that the USC Medical School would encourage its doctors to practice primary care medicine and to remain in South Carolina to practice in rural and medically underserved areas. Today, we are proud to say that those promises are in practice.
The USC Medical School is No. 1 in the nation in the percentage of its graduates who practice primary care medicine -- family practice, internal medicine, pediatrics, and obstetrics and gynecology.
Sixty percent of all USC Medical School graduates remain in South Carolina to practice medicine, and many of them serve in medically underserved and rural areas of the State. This retention rate is one of the highest in the United States.
The USC Medical School faculty at Children's Hospital at Richland Memorial Hospital treats sixty-five percent of the state's children who have cancer. Cancer is the number one killer of children between the ages of three and fourteen in South Carolina.
Medical research at the USC Medical School is targeted at diseases which affect South Carolinians. For example, cardiovascular disease, which kills more of our state's citizens than any other disease, is a major research focus of the USC Medical School faculty.
The USC Medical School is "A Promise in Practice."
(On motion of Senator THOMAS, with unanimous consent, ordered printed in the Journal)
On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.
On motion of Senator O'DELL, Senator MULLINAX was granted a leave of absence for today.
Senator LONG requested and was granted a leave of absence for the remainder of the week.
Senator MITCHELL rose to a Point of Privilege.
H. 3463 -- Ways and Means Committee: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT SUPPLIES, TECHNICAL EQUIPMENT, MACHINERY, AND ELECTRICITY SOLD TO MOTION PICTURE COMPANIES AND TO PROVIDE DEFINITIONS.
On motion of Senator LAND, with unanimous consent, the Bill was recalled from the Committee on Finance.
On motion of Senator LAND, the Bill was ordered placed on the Calendar for consideration tomorrow.
S. 301 -- Senators Macaulay and Wilson: A BILL TO REPEAL ACT 317 OF 1990, WHICH PROVIDES FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA; AND TO PROVIDE FOR THE RETURN OF UNEXPENDED FUNDS ALLOCATED TO THE SOUTH CAROLINA TAX COMMISSION FOR ADMINISTRATIVE START-UP EXPENSES FOR THE IMPLEMENTATION OF A LOCAL SALES AND USE TAX.
With unanimous consent, Senator ROSE's name was withdrawn as a co-sponsor of the Bill.
S. 562 -- Senator Bryan: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF MARCH 3-9, 1991, AS THE "STUDENTS IN FREE ENTERPRISE, INCORPORATED WEEK" AND COMMEND THEM FOR THEIR FINE WORK AND DEDICATION.
The House returned the Concurrent Resolution with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 657 -- Senator Russell: A CONCURRENT RESOLUTION TO RECOGNIZE THE SECOND PRESBYTERIAN CHURCH OF SPARTANBURG AS IT CELEBRATES ITS ONE HUNDREDTH ANNIVERSARY FEBRUARY 22-24, 1991, AND TO COMMEND THE CHURCH FOR ONE HUNDRED YEARS OF SERVICE TO THE COMMUNITY.
Returned with concurrence.
Received as information.
S. 658 -- Senators Stilwell, Thomas, Bryan, J. Verne Smith and Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. JACK E. DANEL OF W.R. GRACE AND COMPANY VERMICULITE MINES AND MILL NEAR ENOREE AND A RESIDENT OF GREENVILLE COUNTY WHO WAS SELECTED THE 1990 MINER OF THE YEAR BY THE MINING ASSOCIATION OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
The following were introduced:
S. 668 -- Senator Lourie: A BILL TO AMEND SECTION 9-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, THE ESTABLISHMENT OF PRIOR SERVICE CREDIT, AND THE METHOD FOR RESTORING SERVICE CREDIT, SO AS TO PROVIDE THAT A CURRENT CONTRIBUTING MEMBER OF THE SYSTEM, WHO HAS PRIOR SERVICE AS A MAGISTRATE OR AS AN EMPLOYEE OF A MAGISTRATE FOR WHICH THE ONLY COMPENSATION WAS FROM FEES, MAY ELECT TO RECEIVE PRIOR SERVICE CREDIT FOR THIS SERVICE UPON PAYING INTO THE SYSTEM THE REQUIRED CONTRIBUTIONS.
Read the first time and referred to the Committee on Finance.
S. 669 -- Senator Fielding: A BILL TO PROHIBIT AN INSURER ISSUING INDIVIDUAL MAJOR MEDICAL INSURANCE FROM DECLINING AN INDIVIDUAL SOLELY ON THE BASIS OF THE INDIVIDUAL'S LEGAL OCCUPATION.
Read the first time and referred to the Committee on Banking and Insurance.
S. 670 -- Senator Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-216 SO AS TO PROHIBIT AN INSURER WHO ISSUES ACCIDENT AND HEALTH INSURANCE FROM DECLINING TO ISSUE INSURANCE, BASED SOLELY ON INDUSTRY, TO AN EMPLOYER HAVING TWENTY-FIVE OR FEWER EMPLOYEES, AND TO PROHIBIT SUCH AN INSURER FROM CHARGING THE EMPLOYER A RATE WHICH IS MORE THAN FIFTY PERCENT HIGHER THAN RATES ESTABLISHED FOR OTHER SIMILARLY SITUATED EMPLOYERS BASED SOLELY ON INDUSTRY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 671 -- Senator Fielding: A BILL TO ENACT LEGISLATION PROMOTING THE AVAILABILITY OF HEALTH INSURANCE COVERAGE TO SMALL EMPLOYERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 672 -- Senator Fielding: A BILL TO PROVIDE THAT NO LEGISLATION ENACTED AFTER THE EFFECTIVE DATE OF THIS ACT REQUIRING THE OFFERING OF HEALTH CARE COVERAGE OR SERVICES APPLIES TO ANY INSURER UNLESS THE LEGISLATION APPLIES EQUALLY TO EMPLOYEE WELFARE BENEFIT PLANS UNDER FEDERAL LAW.
Read the first time and referred to the Committee on Banking and Insurance.
S. 673 -- Senator Fielding: A CONCURRENT RESOLUTION URGING AND ENCOURAGING HEALTH INSURERS, WORKING WITH THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, TO DEVELOP AND MARKET "BARE BONES" HEALTH INSURANCE PLANS IN AN EFFORT TO MAKE COVERAGE MORE AFFORDABLE FOR THE RESIDENTS OF THIS STATE.
Whereas, the need in this State for "bare bones" or basic health insurance is very great; and
Whereas, the development and marketing of such health insurance plans, in an effort to make coverage more affordable, is of the utmost importance; and
Whereas, the South Carolina Department of Insurance is in a position to assist in the development of these insurance plans, and the department's efforts could go a very long way in making this goal a reality. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, urges and encourages health insurers, working with the South Carolina Department of Insurance, to develop and market "bare bones" health insurance plans in an effort to make coverage more affordable for the residents of this State.
Be it further resolved that a copy of this resolution be forwarded to the Chief Insurance Commissioner.
Referred to the Committee on Banking and Insurance.
S. 674 -- Senators Hayes, Peeler and Hinson: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 26, 1991, "YORK COUNTY DAY".
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 675 -- Senator Giese: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ROBERT "BOBBY" F. MOREL OF COLUMBIA FOR HIS HEROIC ASSISTANCE TO A CHARLOTTE POLICEMAN INVOLVED IN A SHOOT-OUT WITH A BURGLARY SUSPECT.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 676 -- Senators Stilwell, Thomas, Wilson, Courson, Giese, McConnell, Peeler, J. Verne Smith, Russell, Shealy, Rose, Martschink, Mitchell and Bryan: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE C. C. "CURT" CLINKSCALES, III.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 677 -- Senators Saleeby, Land, Mullinax and Pope: A BILL TO REPEAL SECTION 38-77-605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON PREMIUM NOTICES AND BILLS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 678 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A JOINT RESOLUTION TO AUTHORIZE THE OPERATION LOSSES OF THE REINSURANCE FACILITY FOR A TWELVE-MONTH PERIOD ATTRIBUTABLE TO HURRICANE HUGO TO BE RECOUPED IN THE SUBSEQUENT THIRTY-SIX MONTH PERIOD BY UTILIZING AN ON-LEVEL RECOUPMENT CHARGE COMPONENT BY APPLICABLE COVERAGE FOR ALL RISKS REGARDLESS OF THE SURCHARGE POINTS OF EACH RISK UNDER THE UNIFORM MERIT RATING PLAN.
Read the first time and referred to the Committee on Banking and Insurance.
S. 679 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A JOINT RESOLUTION TO PROVIDE FOR INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AND INDIVIDUAL MEMBERS OF RATING ORGANIZATIONS TO ELECT TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES OR PREMIUM CHARGES UNDER THE "INDEX FILE AND USE" RATING METHODOLOGY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 680 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
Read the first time and referred to the Committee on Banking and Insurance.
S. 681 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING SECTION 17, SO AS TO PROVIDE THAT NO TAX OR LICENSE FEE MAY BE IMPOSED, LEVIED, OR INCREASED BY THE GENERAL ASSEMBLY, EXCEPT BY AN ACT ADOPTED BY AN AFFIRMATIVE VOTE IN EACH BRANCH OF THE GENERAL ASSEMBLY BY THREE-FIFTHS OF THE TOTAL MEMBERSHIP IN EACH BRANCH, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO TAXES REQUIRED PURSUANT TO THE PROVISIONS OF ARTICLE X, SECTION 13.
Read the first time and referred to the Committee on Finance.
S. 682 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE IV, SECTION 21 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE AUTHORITY OF THE GOVERNOR TO APPROVE OR VETO LEGISLATIVE ENACTMENTS, SO AS TO ALLOW THE GOVERNOR TO REDUCE AN ITEM IN A BILL OR RESOLUTION APPROPRIATING MONEY IN THE SAME MANNER THAT HE MAY DISAPPROVE SUCH AN ITEM AND TO PROVIDE THAT HIS REDUCTION MUST BE CONSIDERED AS A DISAPPROVAL IS CONSIDERED.
Read the first time and referred to the Committee on Judiciary.
S. 683 -- Senator Rose: A BILL TO AMEND SECTIONS 44-55-1010 AND 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND DISPOSAL OF GARBAGE, SO AS TO PROVIDE THAT A FEE OF ONE HUNDRED DOLLARS A TON MUST BE ASSESSED ON GARBAGE GENERATED OUT OF STATE AND DISPOSED OF IN SOUTH CAROLINA; TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND REPORTS, FEES, AND ADMINISTRATION OF THE FUND, SO AS TO CHANGE THE MINIMUM FEE ASSESSED ON OUT-OF-STATE HAZARDOUS WASTE DISPOSED OF IN SOUTH CAROLINA FROM THIRTY DOLLARS TO ONE HUNDRED DOLLARS; AND TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO INCREASE THE FEE ON THE COMMERCIAL TREATMENT OF INFECTIOUS WASTE GENERATED OUTSIDE OF THIS STATE FROM THIRTY DOLLARS TO ONE HUNDRED DOLLARS A TON.
Read the first time and referred to the Committee on Medical Affairs.
S. 684 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.
Read the first time and ordered placed on the Calendar without reference.
S. 685 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL AND SURPLUS OF STOCK INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL CAPITAL AND SURPLUS AND PROVIDE FOR THE INITIAL CAPITAL AND SURPLUS; TO AMEND SECTION 38-9-20, RELATING TO SURPLUS OF MUTUAL INSURERS, SO AS TO INCREASE THE REQUIRED AMOUNTS, AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR THE INITIAL SURPLUS; TO AMEND SECTION 38-9-30, RELATING TO CAPITAL AND SURPLUS OF INSURERS LICENSED ON JULY 1, 1988, SO AS TO CHANGE THE DATE TO JULY 1, 1991, CHANGE RELATED DATES DETERMINING APPLICATION OF THE SECTION, AND PROVIDE REQUIREMENTS FOR AN INSURER WHICH IS THE SUBJECT OF A CHANGE OF CONTROL; AND TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE FOR THE AMOUNT OF NET WORTH WHICH MUST BE CAPITAL FOR A STOCK HEALTH MAINTENANCE ORGANIZATION AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990.
Read the first time and ordered placed on the Calendar without reference.
H. 3178 -- Reps. Chamblee and Cooper: A BILL TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTIONS.
Read the first time and referred to the Committee on Corrections and Penology.
H. 3246 -- Reps. Wright, Wilkes, D. Elliott and Sharpe: A BILL TO AMEND SECTION 52-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOXING, WRESTLING, OR SPARRING EVENTS NOT SUBJECT TO REGULATION BY THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY APPROVE EXEMPTION FROM REGULATION EVENTS OF AMATEUR ASSOCIATIONS OR GROUPS AND TO DELETE PROVISIONS RELATING TO CIRCUMSTANCES IN WHICH AN AMATEUR BOXER MAY APPEAR ON A PROFESSIONAL CARD; AND TO AMEND SECTION 52-7-310, AS AMENDED, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT SUCH COMMISSIONS ARE APPOINTED BY THE GOVERNING BODY OF THE COUNTY FOR TERMS OF FOUR YEARS.
Read the first time and referred to the General Committee.
H. 3320 -- Reps. Boan and McElveen: A BILL TO AMEND ARTICLE 1, CHAPTER 43, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AGENTS, BY ADDING SECTION 38-43-106 SO AS TO PROVIDE FOR BIENNIAL CONTINUING EDUCATION REQUIREMENTS FOR AGENTS LICENSED TO SELL PROPERTY AND CASUALTY INSURANCE AND TO AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THESE PROVISIONS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3514 -- Reps. Kirsh, Meacham, Foster and Hayes: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO REVISE THE AREA OF ONE OF THE SANCTUARIES IN YORK COUNTY.
Senator PEELER spoke on the Bill.
Read the first time and on motion of Senator PEELER, with unanimous consent, ordered placed on the Calendar without reference.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolutions were severally read the third time, passed and ordered sent to the House of Representatives:
S. 667 -- Senator Washington: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF COLLETON COUNTY MUST BE ELECTED BEGINNING IN 1992, INCLUDING THE ESTABLISHMENT OF NONPARTISAN ELECTIONS AND THE ESTABLISHMENT OF SEVEN SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF CERTAIN MEMBERS, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS ELECTED.
(By prior motion of Senator WADDELL)
S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
S. 452 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.
S. 473 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.
S. 534 -- Senators Helmly, Land, Rose, Passailaigue and Long: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 3188 -- Rep. Wilkins: A BILL TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.
On motion of Senator THOMAS, H. 3188 was ordered to receive a third reading on Wednesday, February 20, 1991.
S. 644 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO MINIMUM REQUIREMENTS FOR CROSSOVER BETWEEN LICENSED COSMETOLOGISTS AND MASTER HAIR CARE SPECIALISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1343, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3499 -- Reps. Altman and Snow: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.
S. 451 -- Senator Waddell: A BILL TO AMEND CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAXES, BY ADDING ARTICLE 4 SO AS TO ENACT THE HOMESTEAD PROPERTY TAX DEFERRAL FOR THE ELDERLY ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
The amendment proposed by the Committee on Finance (JIC\5335.HC) was adopted as follows:
Amend the bill, as and if amended, by striking Section 12-37-520(B), as contained in Section 1, page 3, beginning on line 9, and inserting:
/(B) The amount of the assessed value of the homestead does not limit the tax deferral authorized by this section./
Amend further, page 3, by striking lines 21 and 22 and inserting:
/Section 12-37-522. No tax deferral in any one year may be granted pursuant to Section 12-37-515 or Section 12-37-520:/
Amend further, in Section 12-37-535, as contained in Section 1, page 5, line 40, by adding:
/Notwithstanding any other provision of law, the lien established by this section continues on the property until the deferred taxes and interest are paid in full./
Amend title to conform.
Senator WADDELL explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator WADDELL, S. 451 was ordered to receive a third reading on Wednesday, February 20, 1991.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
On motion of Senator LEATHERMAN, the Bill was recommitted to the Committee on Transportation, retaining its place on the Calendar.
S. 640 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 10 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1991.
On motion of Senator McCONNELL, the Joint Resolution was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 226 -- Senators Waddell and Passailaigue: A JOINT RESOLUTION TO ALLOW STATE INCOME TAX DEDUCTIONS FOR INDIVIDUALS FOR COMMERCIAL TIMBER LOSSES AND TIMBER DAMAGE ASSESSMENTS ATTRIBUTABLE TO THE IMPACT OF HURRICANE HUGO IN COUNTIES DECLARED A FEDERAL DISASTER AREA BECAUSE OF THE IMPACT OF HURRICANE HUGO, TO PRESCRIBE THE ELIGIBILITY REQUIREMENTS FOR THE DEDUCTION INCLUDING REDUCTION OF OTHER TAX ATTRIBUTES OF TAXPAYERS CLAIMING THE DEDUCTION, AND TO ELIMINATE PENALTIES FOR FAILURE TO FILE TAX RETURNS DUE FROM SEPTEMBER 18, 1989, TO NOVEMBER 30, 1989, FOR TAXPAYERS IN COUNTIES DECLARED DISASTER AREAS.
On motion of Senator WILLIAMS, the Joint Resolution was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator WADDELL, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator STILWELL argued in favor of the second reading of the Bill.
Senator STILWELL moved that the Bill be given a second reading, with notice of general amendments on third reading and, further, asked unanimous consent that the Bill retain its place on the Calendar in the status of Special Order.
Senator LEATHERMAN objected.
Senator LOURIE argued contra to the second reading of the Bill.
Senator LOURIE moved that the Bill be given a second reading, with notice of general amendments on third reading and, further, asked unanimous consent that the Bill be carried over to be next considered on Tuesday, February 26, 1991.
Senator SHEALY objected.
Senator LOURIE continued arguing contra to the second reading of the Bill.
Senator LOURIE moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fielding Land Leatherman
Lourie Matthews Mitchell
Patterson Reese Saleeby
Shealy Smith, J.V.
TOTAL -- 11
Bryan Courson Drummond
Giese Helmly Hinson
Holland Macaulay Martin
Martschink McConnell McGill
Moore O'Dell Passailaigue
Peeler Rose Setzler
Stilwell Thomas Waddell
Washington Wilson
TOTAL -- 23
The Senate refused to adjourn.
On motion of Senator SETZLER, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
At 1:35 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.
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