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 Pro Tempore.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, our prayers this week will be based on passages from Isaiah and Micah concerning war in the Middle East in the 8th century Before Christ (Isaiah 2:4 and Micah 4:3):

"He (God) will judge between the nations

and will settle disputes for many peoples."

"They will beat their swords into plowshares

and their spears into pruning hooks..."
Let us pray.

O God of the ages, we remember that these words of Isaiah and Micah, said 2800 years ago, were read again 11 years ago in Washington as Israel and Egypt signed a Peace Treaty... but peace in the region is slow coming!!

Lord, we know that swords and spears have given way to tanks and missiles... but human nature hasn't changed very much!

We pray for the fulfillment of the hopes... the tearful prayers... of mothers and fathers, wives and husbands... and children... of many cultures and nations embroiled in the current conflict.

Help us win the peace, O God, Jehovah!

Amen.

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

February 13, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

We, the undersigned Presidents of South Carolina's Shag Clubs, cordially invite the General Assembly, its staff, spouses and guests, to the 7th Anniversary of the Signing of Act 329 of 1984, the Act which designated the "Shag" as the official dance of the State of South Carolina.

The celebration will begin at 8:00 P.M., Wednesday, April 3, 1991, at Beau's, Carolina Plaza Hotel, the original site of festivities after the signing in April 1984.

We certainly look forward to your joining us for this celebration of our State Dance, a social reality which is a unique highlight to our state's cultural heritage and a generator of millions of dollars to our state's tourism economy each year.

Sincerely,
Wanda W. Holliday, Columbia Shag Club
Don H. Smith, Florence Shag Club
Walter E. Bradley, Rock Hill Shag Club
Murl Augustine, C.S.R.A. Shag Club
Bruce Fitzsimmons, Charleston Shag Club
Tommie Befude, Islanders Shag Club

Referred to the Committee on Invitations.

February 10, 1991
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202

Dear Senator Moore:

You and your colleagues in the Senate are cordially invited to attend a reception in your honor, on Tuesday, March 19, 1991, from 6:00 P.M. to 8:00 P.M. at Stadium Place, 1210 Bluff Road in Columbia. We have also invited the members of the House of Representatives, Governor, Lt. Governor and their Executive Councils.

We will be mailing invitations to each member, as well as encouraging our industry representatives to contact members personally. Please let me know if there are any other ways we might publicize the event within the legislative community... a calendar, perhaps, or a newsletter?

Additionally, if anyone schedules a dinner for the same night as the SPI reception, please let us know. We would like to contact them and see about coordinating our respective schedules.

Please advise me if you need further information. My direct line is 202/371-5246.

Sincerely yours,
Drew Fleming
Manager, Eastern Section

Referred to the Committee on Invitations.

The following was received:

Document No. 1338
Promulgated By Board Of Registration For Professional Engineers And Land Surveyors
Article 4. Minimum Standards Manual For Practice Of Land Surveying In South Carolina
Received By Lt. Governor December 14, 1990
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date May 7, 1991
Withdrawn And Resubmitted February 21, 1991

Senator LOURIE assumed the Chair.

Senator LOURIE introduced Dr. Thomas C. Rowland of Columbia, Doctor of the Day.

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.

S. 697 -- Senators Martschink and Nell W. Smith: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF MARCH AS "WOMEN'S HISTORY MONTH" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.

S. 698 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. HARRY L. CLINE, LONGTIME CHEROKEE COUNTY PUBLIC DEFENDER, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

Returned with concurrence.

Received as information.

S. 666 -- Senators Nell W. Smith and Holland: A BILL TO AMEND SECTION 20-7-1775, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACCOUNTING OF DISBURSEMENTS MADE BY OR ON BEHALF OF A PETITIONER IN CONNECTION WITH AN ADOPTION, SO AS TO INCLUDE RECEIPTS FOR REASONABLE LIVING EXPENSES ASSESSED AS COSTS.

On motion of Senator MACAULAY, with unanimous consent, the Bill was recalled from the Committee on Medical Affairs.

On motion of Senator MACAULAY, the Bill was referred to the Committee on Judiciary.

The following were introduced:

S. 699 -- Senator McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-141 SO AS TO PROVIDE THAT A SPOUSE AND CHILDREN OF A STATE EMPLOYEE ON LEAVE OF ABSENCE FOR ACTIVE DUTY MILITARY SERVICE MAY CONTINUE STATE HEALTH AND DENTAL INSURANCE IF THE EMPLOYEE CONTRIBUTIONS AND PREMIUMS FOR THE SPOUSE AND CHILDREN ARE PAID, TO PROVIDE THAT EMPLOYER CONTRIBUTIONS ARE NOT REQUIRED, TO ALLOW RETROACTIVE REINSTATEMENT OF COVERAGE FOR SPOUSES AND CHILDREN IF IT HAS LAPSED DUE TO THE LEAVE OF ABSENCE, AND TO WAIVE PREEXISTING CONDITIONS AND WAITING PERIOD REQUIREMENTS UPON RETURN TO EMPLOYMENT.

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

S. 700 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1214 SO AS TO ENACT THE YOUNG CHILD TAX CREDIT ACT.

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

S. 701 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1211 SO AS TO ENACT THE AFFORDABLE HOUSING TAX CREDIT ACT.

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

S. 702 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1212 SO AS TO ENACT THE NEWBORN TAX CREDIT ACT.

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

S. 703 -- Senators Lourie, Matthews and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 27 SO AS TO PROVIDE FOR THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT BY SETTING FORTH PURPOSES, SCOPE, JURISDICTION, DEFINITIONS, INTERPRETATION OF PRINCIPLES, NOTICE, RENTAL AGREEMENTS, OBLIGATIONS OF OWNERS AND RESIDENTS, GROUNDS FOR EVICTION, AND NOTIFICATION OF SALE OF PARK, CHANGE IN LAND USE, AND REZONING.

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

S. 704 -- Banking and Insurance Committee: 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 ordered placed on the Calendar without reference.

S. 705 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-77-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO REVISE THE CALCULATION FOR THE RECOUPMENT AMOUNT; AND TO REPEAL SECTION 38-77-605, RELATING TO THE REQUIREMENT THAT THE RECOUPMENT CHARGE BE DISPLAYED ON PREMIUM NOTICES AND BILLS FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE.

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

S. 706 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO DEFINITION OF TERMS APPLYING TO PRIVATE NURSING PRACTICE FOR REGISTERED NURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1265, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 707 -- Banking and Insurance Committee: 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 ordered placed on the Calendar without reference.

S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

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

S. 709 -- Senators Lourie, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CREATE A JOINT LEGISLATIVE COMMITTEE TO COORDINATE STATEWIDE ACTIVITIES IN SUPPORT OF THE ALLIED CAUSE IN THE MIDDLE EAST AND ASSIST RETURNING SOUTH CAROLINA VETERANS OF THE PERSIAN GULF WAR.

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

That there is created a Joint Legislative Committee to coordinate statewide activities in support of the allied cause in the Middle East and assist returning South Carolina veterans of the Persian Gulf War whose membership shall be comprised as herein below set forth:

(1) three non-legislator members from the Second, Fourth, and Sixth Congressional Districts to be appointed by the Governor;

(2) three non-legislator members from the First, Third, and Fifth Congressional Districts to be appointed by the Lieutenant Governor;

(3) three members of the Senate to be appointed by the President Pro Tempore;

(4) three members of the House of Representatives to be appointed by the Speaker.

Be it further resolved that this committee must consult with appropriate state agencies including, but not limited to, the Department of Veterans Affairs, the Tax Commission, the Employment Security Commission, the Commission on Higher Education, and the State Board for Technical and Comprehensive Education.

Be it further resolved that members of the Committee are authorized to be paid mileage, per diem, and subsistence as authorized by law for members of boards, committees, and commissions and members appointed by the Governor shall be reimbursed from funds available to the Governor's Office, members appointed by the Lieutenant Governor shall be reimbursed from funds available to the Lieutenant Governor's Office, and House and Senate members shall be reimbursed from the approved accounts of their respective bodies.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

H. 3011 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT.

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

H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3073 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 44 SO AS TO PROVIDE FOR THE RIGHTS OF MENTAL HEALTH PATIENTS; AND TO REPEAL SECTIONS 44-17-820, 44-23-230, 44-23-1010, 44-23-1020, 44-23-1030, 44-23-1040, 44-23-1050, 44-23-1060, 44-23-1070, 44-23-1090, 44-52-170, AND 44-52-190 RELATING TO THE RIGHTS OF MENTAL HEALTH PATIENTS.

Read the first time and referred to the Committee on Medical Affairs.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:

S. 140 -- Senators McConnell and Rose: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THE CODES, COUNTIES, AND MUNICIPALITIES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendment report on:

S. 177 -- Senators Martschink and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendment report on:

S. 262 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 20-7-2385, AS AMENDED, AND SECTION 20-7-2388, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO PROVIDE FOR SUBSTITUTION OF MEMBERS ON THE BOARDS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:

S. 297 -- Senator Passailaigue: A JOINT RESOLUTION TO CREATE A COMMUNITY DIVERSIFICATION PROGRAM TO HELP LOCAL COMMUNITIES THAT ARE RELIANT ON FEDERAL DEFENSE EXPENDITURES COPE WITH THE ANTICIPATED DECREASE IN DEFENSE SPENDING, AND TO CREATE THE ADVISORY COUNCIL ON ECONOMIC DIVERSIFICATION TO OVERSEE THE PROGRAM.

On motion of Senator J. VERNE SMITH, the Joint Resolution was referred to the Committee on Finance.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a favorable report on:

S. 385 -- Senator Macaulay: 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 MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT 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 MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

S. 441 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-75 SO AS TO REQUIRE THAT THE SOCIAL SECURITY NUMBERS OF A CHILD'S PARENTS ARE INCLUDED ON THE CHILD'S BIRTH CERTIFICATE.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:

S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.

Ordered for consideration tomorrow.

Senator MARTIN, from the Committee on Banking and Insurance, submitted a majority favorable and Senators PEELER, MITCHELL and MOORE a minority unfavorable report on:

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.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH, from the Committee on Labor, Commerce and Industry, submitted a favorable with amendments report on:

H. 3421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 60 SO AS TO ENACT THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT; TO AMEND SECTIONS 40-57-10, 40-57-20, 40-57-40, 40-57-90, AS AMENDED, 40-57-100, 40-57-110, 40-57-160, 40-57-170, AND 40-57-240, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO DELETE CERTAIN REFERENCES AND PROVISIONS RELATING TO REAL ESTATE APPRAISERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-57-115 SO AS TO PROVIDE THAT THE REAL ESTATE COMMISSION SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS PERTAINING TO EDUCATION COURSES CONDUCTED PURSUANT TO CHAPTER 57 OF TITLE 40 AND THE SCHOOLS OR INSTITUTIONS CONDUCTING THESE COURSES.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3442 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOMES FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1346, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3485 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE REPEAL OF 61-31, CAGED LAYER POULTRY HOUSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1309, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable report on:

H. 3486 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO DEVELOPMENT OF SUBDIVISION WATER SUPPLY AND SEWAGE TREATMENT/DISPOSAL SYSTEMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1326, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

An invitation from the S.C. Petroleum Marketers Association to attend a Reception on Tuesday, March 5, 1991, in the Grand Palm Ballroom of the Marriott Hotel from 6:00 - 8:00 P.M.

The invitation was accepted.

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

An invitation from the Manufactured Housing Institute of S.C. to attend a demonstration on the evening of March 5, 1991, from 8:00 - 10:00 P.M. at the Carolina Plaza (Radisson Hotel).

The invitation was accepted.

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

An invitation from the Friends, Trustees and Librarians of S.C. Libraries to attend a luncheon at 12:30 P.M. at the Carolina Plaza Hotel (Radisson) on March 6, 1991.

The invitation was accepted.

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

An invitation to attend a drop-in to be held on Wednesday, March 6, 1991, from 6:00 - 8:00 P.M. at the Town House, by the S.C. Registered Cosmetologists Association.

The invitation was accepted.

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

An invitation to attend a reception on March 6, 1991, from 8:00 - 10:00 P.M. at the Marriott Hotel, on behalf of the Education Legislation Action Network of the S.C. Chapter of the National Association of Social Workers.

The invitation was accepted.

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

An invitation by the Carolinas AGC, the construction industry association, to attend a reception at the Embassy Suites Hotel on Tuesday, March 12, 1991, from 6:00 - 8:00 P.M.

The invitation was accepted.

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

An invitation from the S.C. Federation of Business and Professional Women to attend a breakfast at the Carolina Plaza (Radisson) on Wednesday, March 13, 1991, at 7:30 A.M.

The invitation was accepted.

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

An invitation from the S.C. Electric Cooperatives, Inc. to attend a dinner on Wednesday, March 13, 1991, at 6:00 P.M. at the Carolina Plaza (Radisson).

The invitation was accepted.

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

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

S. 695 -- Senators Waddell, Leatherman, Moore, J. Verne Smith, Thomas and Giese: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF CAPITAL IMPROVEMENT BONDS, SO AS TO INCREASE THE INSTITUTION SIZE FROM EIGHT HUNDRED EIGHT TO ONE THOUSAND, ONE HUNDRED THIRTY BEDS IN THE MEDIUM SECURITY INSTITUTIONS TO BE CONSTRUCTED BY THE DEPARTMENT OF CORRECTIONS INSTEAD OF THE MEDIUM/MAXIMUM INSTITUTION PREVIOUSLY AUTHORIZED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY INTENDS TO AUTHORIZE THE ADDITIONAL FUNDS TO COMPLETE THESE ENLARGED PENAL INSTITUTIONS IN LEGISLATION AUTHORIZING THE ISSUANCE OF ADDITIONAL CAPITAL IMPROVEMENT BONDS DURING THE 1991 SESSION OF THE GENERAL ASSEMBLY.

H. 3284 -- Reps. Keyserling, H. Brown, Rogers, Jaskwhich and J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1991 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1991 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 3, 1991, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The Concurrent Resolution was adopted, ordered returned to the House.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

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.

On motion of Senator STILWELL, the Bill was made a Special Order.

On motion of Senator WASHINGTON, the Senate agreed to dispense with the remainder of the Motion Period.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

S. 414 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-1-220 SO AS TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION, COUNTY AUDITORS, ASSESSORS, AND COUNTY BOARDS OF TAX APPEALS, WHERE NOT PROHIBITED BY RULE OF THE SOUTH CAROLINA SUPREME COURT, TO PREPARE AND PRESENT CASES OR APPOINT THEIR EMPLOYEES TO PREPARE AND PRESENT CASES IN ADMINISTRATIVE PROCEEDINGS, TO PROVIDE THAT A TAXPAYER MAY AUTHORIZE ATTORNEYS, CERTIFIED PUBLIC ACCOUNTANTS, APPRAISERS, OR OTHERS TO SPEAK FOR HIM IN ADMINISTRATIVE TAX PROCEEDINGS, TO REQUIRE THE TAXPAYER TO BE PRESENT AT ADMINISTRATIVE TAX PROCEEDINGS EXCEPT WHERE THE TAXPAYER HAS FILED A VALID POWER OF ATTORNEY NAMING AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT AS HIS REPRESENTATIVE, AND TO REQUIRE CORRESPONDENCE AND NOTICES TO BE SENT TO THE TAXPAYERS EXCEPT WHEN HE IS REPRESENTED BY AN ATTORNEY OR CERTIFIED PUBLIC ACCOUNTANT FOR WHOM THE TAXPAYER HAS FILED A POWER OF ATTORNEY.

On motion of Senator BRYAN, the Bill was carried over.

S. 411 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 4-10-90 AND 6-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTIMATING REVENUES AND CORRECTING ALLOCATIONS FOR PURPOSES OF THE LOCAL OPTION SALES TAX AND THE ACCOMMODATIONS TAX, SO AS TO PROVIDE THAT MISALLOCATIONS MAY BE CORRECTED ONLY BY ADJUSTING SUBSEQUENT ALLOCATIONS IN THE SAME FISCAL YEAR AS THE MISALLOCATION; TO AMEND SECTION 12-3-240, RELATING TO THE TAX COMMISSION'S AUTHORITY TO FURNISH INCOME TAX DATA TO MUNICIPALITIES WHICH LEVY A GROSS RECEIPTS TAX, SO AS TO ALLOW THE COMMISSION TO PROVIDE THE DATA TO COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-3-270 SO AS TO PROVIDE THAT FUNDS RECEIVED FROM COLLECTING WARRANTS FOR DISTRAINT MAY NOT SUPPLEMENT TAX COMMISSION APPROPRIATIONS AND MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTIONS 12-54-50 AND 12-54-120, RELATING TO FEES ON BAD CHECKS GIVEN TO THE TAX COMMISSION AND TAX LIENS, SO AS TO INCREASE THE FEE FROM TEN TO FIFTEEN DOLLARS, EXTEND THE FEE TO ELECTRONIC FUND TRANSFERS NOT MADE BECAUSE OF INSUFFICIENT FUNDS, AND PROVIDE THAT A TAX LIEN OPERATES IN THE SAME MANNER AS A JUDGMENT; TO AMEND SECTIONS 12-54-420 AND 12-54-460, RELATING TO THE SETOFF DEBT COLLECTION ACT, SO AS TO PROVIDE THAT DEBT SETOFFS MAY BE MADE FOR PRIVATE INSTITUTIONS OF HIGHER LEARNING ONLY FOR STATE-AUTHORIZED STUDENT LOANS AND TO PROVIDE A NOTICE PROCEDURE BEFORE A SETOFF MAY BE MADE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-495 SO AS TO PROVIDE THAT CLAIMANT AGENCIES UNDER THE SETOFF DEBT COLLECTION ACT MUST INDEMNIFY THE TAX COMMISSION FOR LIABILITIES ARISING UNDER THE ACT.

On motion of Senator FIELDING, the Bill was carried over.

S. 189 -- Senator Giese: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE, STORAGE, TRANSPORTATION, OR USE OF IMPERMISSIBLE FIREWORKS AND THE ENUMERATION OF PERMISSIBLE FIREWORKS, SO AS TO ELIMINATE BOTTLE TYPE ROCKETS FROM THE LIST OF THE PERMISSIBLE FIREWORKS IN SOUTH CAROLINA, AND TO ALLOW BOTTLE TYPE ROCKETS WHOSE TOTAL PYROTECHNIC COMPOSITION DOES NOT EXCEED TWENTY GRAMS EACH IN WEIGHT TO BE STORED WITHIN THIS STATE FOR SALE OUTSIDE THE STATE UNTIL DECEMBER 31, 1992.

On motion of Senator LONG, the Bill was carried over to be next considered on Wednesday, February 27, 1991.

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.

On motion of Senator HAYES, the Bill was carried over.

S. 249 -- 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 OPERATION, 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, AND 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 AND 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.

On motion of Senator LONG, the Bill was carried over.

S. 328 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

On motion of Senator J. VERNE SMITH, the Bill was carried over.

S. 409 -- Senators Waddell and Giese: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 HINSON, the Bill was carried over.

H. 3240 -- Reps. Boan and McElveen: 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.

On motion of Senator LEATHERMAN, the Bill was carried over.

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.

Senator LEATHERMAN spoke on the Bill.

On motion of Senator LEATHERMAN, the Bill was laid on the table.

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.

On motion of Senator LEATHERMAN, the Bill was laid on the table.

H. 3508 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-9-200, 38-9-210, AND 38-9-220 SO AS TO PROVIDE REINSURANCE CREDITS AND LIABILITY REDUCTIONS ALLOWED FOR DOMESTIC CEDED INSURERS AND DEFINE TERMS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-21-125 SO AS TO PROVIDE FOR ACQUISITIONS OF INSURERS NOT COVERED BY THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND THE 1976 CODE BY ADDING CHAPTER 26 TO TITLE 38 SO AS TO PROVIDE FOR THE ADMINISTRATIVE SUPERVISION OF INSURERS ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-100 SO AS TO PROVIDE FOR THE CONDUCT OF INSURANCE PROCEEDINGS BEGUN BEFORE THE EFFECTIVE DATE OF THE INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT; TO AMEND THE 1976 CODE BY ADDING SECTION 38-27-110 SO AS TO PROVIDE FOR PAYMENTS TO A GUARANTY ASSOCIATION WHEN AN INSURER IS SUBJECT TO A DELINQUENCY PROCEEDING; TO AMEND SECTION 38-5-120, RELATING TO THE REVOCATION AND SUSPENSION OF INSURANCE CERTIFICATES OF AUTHORITY, SO AS TO PROVIDE STANDARDS FOR DETERMINING HAZARDOUS INSURANCE PROCEEDINGS AND AUTHORIZE THE CHIEF INSURANCE COMMISSIONER TO TAKE ACTION WHEN AN INSURER IS IN AN UNSOUND OR A HAZARDOUS CONDITION; TO AMEND SECTION 38-9-10, 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 COMMISSIONER TO REQUIRE ADDITIONAL INITIAL SURPLUS, AND PROVIDE FOR 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; TO AMEND SECTION 38-9-170, RELATING TO UNEARNED PREMIUM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH DEDUCTIONS MAY BE MADE FROM RESERVES; TO AMEND SECTION 38-9-190, RELATING TO LOSS AND CLAIM RESERVES OF INSURERS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH CREDIT FOR REINSURANCE IS ALLOWED AS AN ASSET OR A DEDUCTION FROM RESERVES; TO AMEND SECTION 38-11-10, RELATING TO LEGISLATIVE INTENT PERTAINING TO INVESTMENTS BY INSURERS, SO AS TO ESTABLISH STANDARDS FOR THE DEVELOPMENT AND ADMINISTRATION OF INVESTMENTS; TO AMEND SECTION 38-11-50, RELATING TO LIMITATIONS ON THE INVESTMENTS, SO AS TO PROVIDE FOR THE VALUATION OF INVESTMENTS AND PROMULGATION OF RELATED REGULATIONS; TO AMEND SECTION 38-21-90, RELATING TO THE INSURANCE COMMISSIONER'S APPROVAL OF AN ACQUISITION OF CONTROL OF AN INSURER, SO AS TO PROVIDE FOR APPLICATION OF THE COMPETITIVE STANDARD; TO AMEND SECTION 38-21-140, RELATING TO THE CONTENT OF INSURANCE REGISTRATION STATEMENTS, SO AS TO INCLUDE A PLEDGE OF THE INSURER'S STOCK FOR A LOAN MADE TO A MEMBER OF THE INSURANCE HOLDING COMPANY SYSTEM; TO AMEND SECTION 38-21-270, RELATING TO NOTICE AND APPROVAL OF EXTRAORDINARY DIVIDENDS AND DISTRIBUTIONS BY INSURERS, SO AS TO REVISE THE DETERMINATION OF AN EXTRAORDINARY DIVIDEND AND DISTRIBUTION; TO AMEND SECTION 38-27-10, RELATING TO THE CITE FOR THE "INSURERS SUPERVISION, REHABILITATION, AND LIQUIDATION ACT", SO AS TO DELETE "SUPERVISION"; TO AMEND SECTION 38-27-40, RELATING TO APPLICATION OF THE ACT, SO AS TO ADD PREPAID HEALTH CARE DELIVERY PLANS; TO AMEND SECTIONS 38-27-50, 38-27-230, AND 38-27-310, RELATING TO DEFINITIONS, HEARINGS, AND REHABILITATION UNDER THE ACT, SO AS TO DELETE THE REFERENCES TO "VALID" AS IT APPLIES TO "ORDER" AND SECTION 38-27-210, INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION; TO AMEND SECTION 38-27-370, RELATING TO ORDERS TO LIQUIDATE AN INSURER, SO AS TO PROVIDE FOR A PLAN FOR THE CONTINUED PERFORMANCE OF A DEFENDANT COMPANY'S POLICY CLAIMS OBLIGATIONS DURING THE PENDENCY OF AN APPEAL; TO AMEND SECTION 38-27-400, RELATING TO THE POWERS OF A LIQUIDATOR, SO AS TO AUTHORIZE THE AUDIT OF THE BOOKS AND RECORDS OF AGENTS OF THE INSURER AND PROVIDE THAT A LIQUIDATOR IS NOT OBLIGATED TO DEFEND OR CONTINUE TO DEFEND CLAIMS AFTER THE ENTRY OF A LIQUIDATION ORDER; TO AMEND SECTION 38-27-610, RELATING TO THE PRIORITY OF DISTRIBUTION OF CLAIMS FROM AN INSURER'S ESTATE, SO AS TO INCLUDE IN CLASS 3 CLAIMS OF FEDERAL, STATE, AND LOCAL GOVERNMENTS FOR LOSSES INCURRED, "LOSS CLAIMS", AND EXCLUDE THOSE CLAIMS FROM CLASS 5; TO AMEND SECTION 38-27-950, RELATING TO PROCEEDINGS INSTITUTED BY THE INSURANCE COMMISSIONER, SO AS TO DELETE THE REFERENCE TO SECTION 38-27-210, ORDERS AND SUPERVISION; TO AMEND SECTION 38-33-100, RELATING TO CERTIFICATES OF AUTHORITY FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO INCREASE THE NET WORTH REQUIREMENTS, PROVIDE REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, AND PROVIDE FOR ORGANIZATIONS IN COMPLIANCE WITH THE LAW ON DECEMBER 31, 1990; TO AMEND SECTION 38-55-30, RELATING TO LIMITATION OF RISK BY INSURERS, SO AS TO APPLY THE LIMITATION TO CAPTIVES AND DEFINE THE TERM; TO AMEND SECTION 38-87-40, RELATING TO OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, SO AS TO PROVIDE FOR THE EXAMINATION REGARDING FINANCIAL CONDITION TO BE CONDUCTED IN ACCORDANCE WITH THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS' EXAMINER'S HANDBOOK INSTEAD OF THE STANDARDS AND PROCEDURES APPLICABLE TO EXAMINATIONS OF ADMITTED INSURERS; TO AMEND SECTION 38-87-90, RELATING TO THE PURCHASE OF LIABILITY INSURANCE FROM A NONSTATE APPROVED SURPLUS LINES INSURER, SO AS TO PROVIDE THE CONDITIONS UNDER WHICH INSURANCE MAY BE PURCHASED FROM A RISK RETENTION GROUP NOT CHARTERED OR AN INSURER NOT ADMITTED IN THE STATE; AND TO REPEAL SECTION 38-27-210 RELATING TO THE INSURANCE COMMISSIONER'S ORDERS AND SUPERVISION.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator LEATHERMAN spoke on the Bill.

On motion of Senator THOMAS, the Bill was carried over.

S. 409 -- Senators Waddell and Giese: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 MOORE, with unanimous consent, the vote whereby the Bill was carried over was reconsidered.

The question being the adoption of the amendment proposed by the Committee on Finance.

Senator LAND spoke on the amendment proposed by the Committee on Finance.

The amendment proposed by the Committee on Finance was adopted as follows (RES 409.3):

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following in lieu thereof:

/SECTION 1. Section 12-36-2120 of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended by adding an appropriately numbered item to read:

"( ) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, `motion picture' means any audio visual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a motion picture company means a company generally engaged in the business of filming or producing motion pictures."

SECTION 2. Section 12-9-310(3) of the 1976 Code is amended to read:

"(3) Hiring or contracting or having a contract with any nonresident taxpayer conducting a business or performing personal services of a temporary nature carried on within this State, where the contract exceeds ten thousand dollars or could reasonably be expected to exceed ten thousand dollars, must withhold two percent of each and every payment made to these nonresidents. For purposes of this item, the term nonresident does not include motion picture companies as defined in Section 12-36-2120 nor entities performing personal services for such companies when the motion picture companies and the personal service companies obtain a certificate of authority from the South Carolina Secretary of State pursuant to Title 33 of the South Carolina Code."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Senator LAND proposed the following amendment (N05\7252.BD):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. (A) Section 12-36-2120(32) of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended to read:

"(32) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;"

(B) Section 12-36-2120 of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended by adding an appropriately numbered item to read:

"( ) electricity used to irrigate crops;"

(C) This section takes effect July 1, 1992./

Renumber sections to conform.

Amend title to conform.

Senator LAND argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senator FIELDING raised a Point of Order that the fiscal impact statement which was attached to the Bill appeared to be incorrect and the Bill should be carried over.

The ACTING PRESIDENT overruled the Point of Order and stated that the Rules only require that a fiscal impact statement be attached and do not address the question of whether or not the statement is correct.

Senator DRUMMOND argued contra to the adoption of the amendment.

Senator THOMAS assumed the Chair.

Senator DRUMMOND continued arguing contra to the adoption of the amendment.

Senator NELL W. SMITH rose to a Point of Privilege.

Senator DRUMMOND argued contra to the adoption of the amendment.

Debate was interrupted by adjournment.

At 1:15 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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