Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, our own words fail us at this time to adequately express our feelings this morning following the announcement by President Bush last night of the "cease fire". Let us thank God in the words of the 100th Psalm:

"Shout for joy to the Lord, all the earth.

Serve the Lord with gladness; come before

Him with joyful songs.

Know that the Lord is God.

It is He who made us, and we are His;

We are His people, the sheep of His

pasture.

Enter His gates with thanksgiving and His

courts with praise;

Give thanks to Him and praise His name.

For the Lord is good and His love endures forever;

His faithfulness continues through all generations".

And may all who have suffered hear the words of the prophet Micah (4:1,4):

"The mountain of the Lord's temple

will be established ...........

He will stand and shepherd his flock

in the strength of the Lord, in the

majesty of the name of the Lord his God.

And they will live securely, for then

His greatness will reach to the ends

of the earth.

And He will be their peace."

So, let it be! Amen!

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

The following was received and referred to the appropriate committee for consideration:

Document No. 1380
Promulgated By Board of Physical Therapy Examiners
Exemptions From Licensure; Examinations, Scheduling And Grading; Fees
Received By Lt. Governor February 28, 1991
Referred to Senate Committee on Medical Affairs
120 day review expiration date June 28, 1991

Senator DRUMMOND introduced Dr. Julius Leary of Greenwood, S.C., 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.

On motion of Senator POPE, Senator WILLIAMS was granted a leave of absence for today.

The following were introduced:

S. 718 -- Senator Gilbert: A CONCURRENT RESOLUTION URGING THE GOVERNOR TO RECOGNIZE THE EXTREME EMERGENCY STATE OF PRISON OVERCROWDING THAT EXISTS AND HAS EXISTED CONTINUOUSLY FOR MORE THAN EIGHTY-THREE DAYS AND PERIODICALLY FOR MANY YEARS IN THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND EXPRESSING THE SUPPORT OF THE GENERAL ASSEMBLY IN REDUCING THE PRISON POPULATION PURSUANT TO THE "PRISON OVERCROWDING POWERS ACT" AND URGING THE GOVERNOR TO EXERCISE HIS POWERS UNDER THIS ACT TO THE FULLEST EXTENT, GIVING EVERY CONSIDERATION POSSIBLE FOR RELEASE OF ALL INMATES IDENTIFIED BY THE BOARD OF CORRECTIONS.

Whereas, the South Carolina Department of Corrections is in a state of dire emergency due to prison overcrowding; and

Whereas, the prison system has been operating at excess capacity periodically since 1983; and

Whereas, the department has sought relief through the "Prison Overcrowding Powers Act" periodically since 1983 when operating over excess capacity; and

Whereas, on February 15, 1991, fifteen thousand, nine hundred ninety-one prisoners were incarcerated in South Carolina prisons; and

Whereas, the South Carolina prison capacity is fifteen thousand, two hundred thirty-eight; and

Whereas, the prison system is operating at approximately one hundred six percent capacity; and

Whereas, this excess capacity has existed continuously for more than eighty-three days; and

Whereas, the "Prison Overcrowding Powers Act" allows the Governor to authorize the release of nonviolent offenders following prescribed procedures and under certain circumstances; and

Whereas, the public safety is of primary concern when early release of prisoners is contemplated and all measures must be taken to assure public safety; and

Whereas, the Department of Corrections has been very effective in and has a reliable history of identifying prisoners that will be successful in early release from prison; and

Whereas, between 1983 and 1986 when the Board of Corrections exercised release powers, approximately eleven thousand, one hundred prisoners were released from prison and only one percent of those eleven thousand, one hundred subsequently were incarcerated for violent offenses; and

Whereas, approximately thirty-five percent of those prisoners incarcerated in South Carolina prisons are currently serving sentences for nonviolent offenses and have no known history of violent offenses; and

Whereas, pursuant to the "Prison Overcrowding Powers Act" the Board of Corrections has declared a state of emergency due to prison overcrowding and has commenced procedures for relief; and

Whereas, pursuant to the "Prison Overcrowding Powers Act" the Board of Corrections has applied the necessary criteria to those prisoners potentially eligible for emergency release and has identified approximately one thousand, five hundred prisoners who meet the criteria; and

Whereas, all other procedures under the "Prison Overcrowding Powers Act" have been followed and the Governor has been requested to exercise his powers under this act to reduce the prison population. Now, therefore,

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

That the members of the General Assembly urge the Governor to recognize the extreme emergency state of prison overcrowding that exists and has existed continuously for more than eighty-three days and periodically for many years in the South Carolina Department of Corrections and express the support of the General Assembly in reducing the prison population pursuant to the "Prison Overcrowding Powers Act" and urge the Governor to exercise his powers under this act to the fullest extent, giving every consideration possible for release of all inmates identified by the Board of Corrections.

Be it further resolved that a copy of this resolution be delivered immediately to the Honorable Carroll A. Campbell, Governor of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to The Honorable Parker Evatt, Commissioner, and Mr. Goetz B. Eaton, Chairman of the Board of Corrections, Post Office Box 21787, Columbia, South Carolina 29221-1787.

Senator GILBERT spoke on the Concurrent Resolution.

Senator GILBERT asked unanimous consent to make a motion that the Concurrent Resolution be placed on the Calendar without reference.

Senator McCONNELL objected.

Referred to the Committee on Corrections and Penology.

S. 719 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE GENERAL H. NORMAN SCHWARZKOPF, UNITED STATES ARMY COMMANDER OF THE ALLIED FORCES IN OPERATION DESERT STORM, FOR HIS SUPERIOR AND SUCCESSFUL LEADERSHIP IN THE MIDDLE EAST IN DIRECTING THE MISSION TO FREE KUWAIT AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE GENERAL.

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

That the members of the General Assembly recognize General H. Norman Schwarzkopf, United States Army Commander of the allied forces in operation Desert Storm, for his superior and successful leadership in the Middle East in directing the mission to free Kuwait and invite him to address a joint session meeting of the General Assembly at a date and time convenient to the General.

Be it further resolved that a copy of this resolution be forwarded to General Schwarzkopf.

Referred to the Committee on Invitations.

S. 720 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES HORNER, OF SHAW AIR FORCE BASE, UNITED STATES NINTH AIR FORCE COMMANDER OF FORCES IN OPERATION DESERT STORM, FOR SERVING HIS STATE AND NATION BRAVELY AND WITH DISTINCTION IN THE ALLIED FORCES' EFFORT IN THE MIDDLE EAST TO FREE KUWAIT AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE LIEUTENANT GENERAL.

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

That the members of the General Assembly recognize Lieutenant General Charles Horner, of Shaw Air Force Base, United States Ninth Air Force Commander of forces in operation Desert Storm, for serving his state and nation bravely and with distinction in the allied forces' effort in the Middle East to free Kuwait and invite him to address a joint session of the General Assembly at a date and time convenient to the Lieutenant General.

Be it further resolved that a copy of this resolution be forwarded to Lieutenant General Horner.

Referred to the Committee on Invitations.

S. 721 -- Senators Courson and Lourie: A CONCURRENT RESOLUTION TO AFFIRM THE STATE OF SOUTH CAROLINA'S CONTINUED COMMITMENT TO UTILIZE ALL APPROPRIATE MEANS TO ENSURE THAT ALL SOUTH CAROLINIANS HAVE ACCESS TO SAFE, DECENT, SANITARY, AND AFFORDABLE HOUSING.

Whereas, the State of South Carolina recognizes the need of all citizens of South Carolina to have safe, decent, sanitary, and affordable housing; and

Whereas, in 1990 the South Carolina General Assembly enacted Act No. 617, which established a Task Force to study homelessness in South Carolina and to recommend to the General Assembly solutions for this serious problem; and

Whereas, individuals without adequate housing have difficulty in securing and maintaining gainful employment and achieving economic and social independence; and

Whereas, access to affordable housing will assist individuals in securing employment, becoming independent, and enhancing their quality of life, thus, enhancing the quality of life of the community and the State. Now, therefore,

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

That the State of South Carolina by January 1, 2001, will utilize all appropriate means to ensure that all South Carolinians have access to safe, decent, sanitary, and affordable housing.

Senator COURSON asked unanimous consent to make a motion that the Concurrent Resolution be placed on the Calendar without reference.

Senator GILBERT objected.

Referred to the General Committee.

S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 723 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.

Read the first time and referred to the Committee on Corrections and Penology.

S. 724 -- Senators Bryan, Courson and McConnell: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1992 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.

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

S. 725 -- Senator Stilwell: A BILL TO AMEND SECTIONS 6-11-420, 6-11-430, AND 6-11-460 THROUGH 6-11-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF BOUNDARIES OF SPECIAL PURPOSE DISTRICTS, SO AS TO PROVIDE THAT WHEN A DISTRICT ENCOMPASSES MORE THAN ONE COUNTY, THE COUNTIES AFFECTED CAN ACT ON MATTERS AFFECTING THE SIZE AND JURISDICTION OF THE DISTRICT.

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

S. 726 -- Senator Gilbert: A BILL TO AMEND SECTIONS 40-21-180 AND 40-21-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-13-545 SO AS TO ESTABLISH THE CENTURY FARMS PROGRAM ADMINISTERED BY THE PENDLETON DISTRICT HISTORICAL AND RECREATIONAL COMMISSION.

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

H. 3600 -- Reps. Sheheen, Baxley and Burch: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FORMATION OF SINGLE-MEMBER SCHOOL DISTRICTS IN KERSHAW COUNTY.

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

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:

S. 123 -- Senator McConnell: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable with amendment report on:

S. 142 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-160 SO AS TO REQUIRE A PET DEALER AND PET SHOP OWNER TO PROVIDE AN ANIMAL BUYER WITH A STATEMENT FROM A LICENSED VETERINARIAN THAT THE ANIMAL HAS BEEN EXAMINED AND IS FREE OF DISEASE AND DEFORMITY, PROVIDE REMEDIES, AND DEFINE TERMS.

Ordered for consideration tomorrow.

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

S. 659 -- Senators Drummond, Bryan and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE VOLUNTEERS OF THE SOUTH CAROLINA DEFENSE FORCE, ON THE FIFTIETH ANNIVERSARY OF ITS ESTABLISHMENT, FOR THEIR DEDICATED SERVICE TO THIS STATE, TO EXPRESS THAT THE GRATITUDE OF SOUTH CAROLINA FOR THIS SERVICE IS DEEP AND LASTING AND TO RECOGNIZE THIS ANNIVERSARY BY ATTENDING THE CEREMONY ON THURSDAY, MARCH 21, 1991, AT 11:00 A.M. ON THE SOUTH STEPS OF THE STATE HOUSE.

Ordered for consideration tomorrow.

Senator BRYAN, from the Committee on Judiciary, submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

S. 721 -- Senators Courson and Lourie: A CONCURRENT RESOLUTION TO AFFIRM THE STATE OF SOUTH CAROLINA'S CONTINUED COMMITMENT TO UTILIZE ALL APPROPRIATE MEANS TO ENSURE THAT ALL SOUTH CAROLINIANS HAVE ACCESS TO SAFE, DECENT, SANITARY, AND AFFORDABLE HOUSING.

On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was recalled from the General Committee.

On motion of Senator HOLLAND, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration.

On motion of Senator LOURIE, the Concurrent Resolution was adopted, ordered sent to the House.

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

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

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.

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.

The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:

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.

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.

S. 359 -- Senators Passailaigue and Rose: A BILL TO AMEND CHAPTER 25, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE ELECTION LAWS, BY ADDING SECTION 7-25-200, SO AS TO PROHIBIT A CANDIDATE IN ANY ELECTION FROM ACCEPTING MONEY TO FILE FOR OR WITHDRAW FROM CANDIDACY; AND TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES; AND TO PROVIDE EXCEPTIONS.

Senator SHEALY spoke on the Bill.

With unanimous consent, Senator MARTSCHINK was added as a co-sponsor of S. 359.

S. 716 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.

The following Bills and Joint Resolutions having been read the second time were passed and ordered to a third reading:

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.

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.

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.

Senator BRYAN explained the Joint Resolution.

H. 3507 -- Rep. J. Bailey: A BILL TO REENACT SECTION 38-73-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF UNINSURED MOTORIST PREMIUM; AND TO REPEAL SECTION 56 OF ACT 148 OF 1989 RELATING TO THE REPEAL OF SECTION 38-73-470.

Senator SALEEBY explained the Bill.

On motion of Senator SALEEBY, with unanimous consent, H. 3507 was ordered to receive a third reading on Friday, March 1, 1991.

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 SALEEBY, with unanimous consent, H. 3240 was ordered to receive a third reading on Friday, March 1, 1991.

S. 717 -- Senator Pope: A BILL TO AMEND SECTION 7-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN NEWBERRY COUNTY, SO AS TO CHANGE THE NAME OF THE "MT. PLEASANT" PRECINCT TO THE "CONSOLIDATED NUMBER 5" PRECINCT.

S. 22 -- Senator Passailaigue: A BILL TO AMEND SECTION 40-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO REVISE THE EDUCATIONAL REQUIREMENTS; AND SECTION 40-1-240, RELATING TO THE WAIVER OF THE EXAMINATION FOR ACCOUNTANTS AND THE REQUIREMENTS FOR NONRESIDENTS, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A WAIVER IS ALLOWED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The amendment proposed by the Committee on Labor, Commerce and Industry (LCI22.1) was adopted as follows:

Amend the bill, as and if amended, page 1, line 29 as contained in Section 40-1-180(A), by striking the words /a resident of this State/ and inserting /a resident of this state/

Amend the bill, as and if amended, in Section 40-1-180(A), by striking lines 39 through 44 on page 1, and by striking lines 1 through 2 on page 2 in their entirety and inserting the following:

/After June 30, 1997, each applicant must have at least 150 semester hours of college education including a baccalaureate or higher degree conferred by a college or university acceptable to the Board, the total educational program to include an accounting concentration or equivalent as determined by Board rule to be appropriate./

Amend title to conform.

Senator PASSAILAIGUE explained the committee amendment.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

On motion of Senator PASSAILAIGUE, S. 22 was ordered to receive a third reading on Friday, March 1, 1991.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the Committee on Labor, Commerce and Industry.

The amendments proposed by the Committee on Labor, Commerce and Industry (LCI569.1), (LCI569.2), (LCI569.3) were adopted as follows:

Amend the bill, as and if amended, page 2, line 38, by inserting after the word /approved/ the words /and certified/.

Amend title to conform.

Amend the bill, as and if amended, page 3, line 3, by striking the words /the Stilling's Test or other equivalent test/ and inserting /the Stilling's Test or other equivalent a test/.

Amend title to conform.

Amend the bill, as and if amended, page 3, by striking Section 54-15-120(A) in its entirety and inserting:

/Section 54-15-120. (A) Apprentices in the port of Charleston shall serve three years before being eligible to take an examination for a twenty-three twenty-five foot license or branch. During their apprenticeship licensed pilots shall take such apprentices on board all types of vessels, so that they may become thoroughly competent for the discharge of their duties. They must shall hold a:

(1) twenty-three twenty-five foot license or branch with a tonnage restrictiod nin restriction in service six months before being eligible to take an examination for a twenty-three twenty-five foot license or branch with no tonnage restriction; and must hold a

(2) twenty-three twenty-five foot license or branch with no tonnage restriction in service six months before being eligible for a twenty-seven thirty foot license or branch; and hold a

(3) twenty-seven thirty foot license or branch in service one year before being eligible to take an examination for a thirty thirty-five foot license or branch; and hold a

(4) thirty thirty-five foot license or branch in service one year before being eligible to take an examination for a full license or branch.

Amend title to conform.

Senator DRUMMOND spoke on the committee amendments.

Senator FIELDING proposed the following amendment (JIC5374.AC), which was adopted:

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

SECTION ___. Section 54-15-270 of the 1976 Code is amended to read:

"Section 54-15-270. All vessels entering into the pilotage area of any a port for the purpose of entering such port, except United States vessels engaged in coastwise trade having on board a pilot licensed by the United States Coast Guard for that area and United States vessels under one hundred net registered tons, shall be are required to receive on board for entering into, departing from or shifting within such the port, an amply licensed pilot offering to board. If any such vessel shall refuse to receive such pilot on board, the vessel shall pay the rates and fees specified under the provisions of Section 54-15-290, just as if the pilot offering to board had boarded and brought such vessel into port, taken her out or shifted her, as the case may be. However, if a pilot is unable or refuses to produce his license when demanded by the master of a vessel, no rates or fees for pilotage shall be charged such vessel rejecting the services of such pilot."

Renumber sections to conform.

Amend title to conform.

Senator FIELDING 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 DRUMMOND, S. 569 was ordered to receive a third reading on Friday, March 1, 1991.

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.

Senators MARTIN and LEATHERMAN proposed the following amendment (S-BANKA1-3508.JJG), which was adopted:

Amend the bill, as and if amended, page 26, line 18, SECTION 26 by striking SECTION 26 in its entirety and inserting therein:

/ SECTION 26. Section 38-33-100 of the 1976 Code is amended to read:

"Section 38-33-100. (A) No health maintenance organization may be issued a certificate of authority unless it is possessed of net worth of at least one million, two hundred thousand dollars, six hundred thousand dollars of which must be capital if it is a stock health maintenance organization. Thereafter After the issuance, the health maintenance organization shall at all times maintain a net worth of not less than six hundred thousand dollars. Net worth means total assets less total liabilities. Instruments acceptable to the commissioner may be utilized in determining net worth. If the commissioner determines that the number of enrollees in the health maintenance organization is excessive or may become excessive in relation to the organization's net worth as specified herein, the commissioner may require that future enrollment be limited until such time as the limitation it is no longer necessary.

(B) After the expiration of a transition period of one hundred eighty days, every health maintenance organization previously licensed as of the effective date of this chapter must be possessed of a net worth of not less than six hundred thousand dollars. The commissioner may require a health maintenance organization to meet greater initial net worth requirements based on the health maintenance organization's plan of operation. In making a determination to require greater initial net worth, the commissioner may consider, among other factors, the health maintenance organization's projected enrollment, rates, and expenses."/

Amend title to conform.

Senator LEATHERMAN 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 SALEEBY, with unanimous consent, H. 3508 was ordered to receive a third reading on Friday, March 1, 1991.

S. 710 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT LEGISLATIVE COMMITTEE STUDYING AND REVIEWING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY.

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

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.

Senator ROSE explained the Bill.

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

S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.

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

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.

Senator ROSE asked unanimous consent to make a motion that the Bill be taken up for immediate consideration.

Senator MARTSCHINK objected.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

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 WADDELL, the Bill was carried over.

THE SENATE PROCEEDED TO THE MOTION PERIOD.

On motion of Senator ROSE, Senator REESE was granted a leave of absence for today.

Senator ROSE requested and was granted a leave of absence for today.

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.

Senator POPE moved that the Bill be made a Special Order.

A roll call vote was ordered.

Senator MITCHELL raised a Point of Order that under Rule 40, the Bill had not been on the desks of the members at least one day and therefore could not be set for Special Order.

Senator MOORE raised a Point of Order that the Point of Order raised by Senator MITCHELL comes too late inasmuch as a roll call had been ordered.

The PRESIDENT sustained the Point of Order made by Senator MOORE.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Bryan Courson Hayes
Hinds Hinson Holland
Land Leatherman Lourie
Macaulay Martschink Matthews
McConnell McGill Moore
O'Dell Passailaigue Patterson
Peeler Pope Russell
Saleeby Setzler Smith, J.V.
Smith, N.W. Stilwell Thomas
Waddell Washington Wilson

Gilbert Mitchell Shealy

The Bill, S. 708, was made a Special Order.

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

Senator SHEALY requested and was granted a leave of absence until Tuesday, March 5, 1991, at Noon.

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 third reading of the Bill.

Senators GILBERT and HINDS proposed the following amendment (RES.654.02), which was withdrawn:

Amend the bill, as and if amended, by inserting on page 2, line 31 immediately after /all instructors/ the following: /whose second language is English/.

Amend the bill further, as and if amended, by inserting on page 2, line 40 immediately after /instructors who are not able to/ the following: /write and or to/.

Amend title to conform.

Senator GILBERT argued in favor of the adoption of the amendment.

On motion of Senator GILBERT, with unanimous consent, the amendment was withdrawn.

Senator STILWELL proposed the following amendment (RES654.03), which was adopted:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting in lieu thereof the following:

/SECTION 1. The 1976 Code is amended by adding:

"Section 59-103-160. (A) This section may be cited as the English Fluency in Higher Learning Act.

(B) The following words and phrases when used in this section have the meanings given to them unless the context clearly indicates otherwise:

`Instructional faculty' means every member of a public institution of higher learning whose first language is not English, other than visiting faculty but including graduate teaching assistants, who teaches one or more undergraduate credit courses at a campus of that institution within this State except:

(1) courses that are designed to be taught predominately in a foreign language;

(2) student participatory and activity courses such as clinics, studios, seminars, and laboratories;

(3) special arrangement courses such as individualized instruction and independent study courses; and

(4) continuing education courses.

(C) Each public institution of higher learning shall establish policies to:

(1) ensure that the instructional faculty possess adequate proficiency in both the written and spoken English language. Student and faculty input is required in establishing these policies.

(2) provide students with a grievance procedure regarding an instructor who is not able to write or speak the English language.

(D) (1) Each institution of higher learning must submit its policy or amendments to the Commission on Higher Education within six months from the effective date of this section. Any amendments to the policy must be promptly forwarded to the commission. The commission shall notify the chairmen of the Senate and House Education Committees of those institutions not submitting plans and any amendment to the commission.

(2) Each institution of higher learning must report annually to the Commission on Higher Education and the chairmen of the Senate and House of Representatives Education Committees grievances filed by students under the requirement of subsection (C)(2) and the disposition of those grievances."/

Amend title to conform.

Senator STILWELL argued in favor of the adoption of the amendment.

The amendment was adopted.

On motion of Senator SETZLER, the Bill was read the third time, passed and ordered sent to the House of Representatives.

Senator WADDELL moved that when the Senate adjourns on Friday, March 1, 1991, it stand adjourned to meet next Tuesday, March 5, 1991, at 12:00 Noon, which motion was adopted.

At 12:25 P.M., on motion of Senator WADDELL, the Senate adjourned to meet tomorrow at 11:00 A.M.

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