Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the word from the Book of Exodus, Chapter 19 (vv.19-20):
"The Lord descended to the top of Mount Sinai and called Moses to the top of the mountain. So Moses went up and the Lord said to him, `Go down and warn the people ...'"
Let us pray.
O Lord, the God of holiness and ineffable power beyond our understanding, who gave the children of Israel a cloud by day and a pillar of fire by night to guide them through the wilderness, give us today a sense of awe in the presence of the clear and iron words of the Ten Commandments that still stand above the law of the land for our children.
Help us to understand that joy and peace in the land is conditioned on man's obedience to the higher laws of God as well as the laws of man.
We pray our prayer in the name of the God of Moses.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
August 29, 1990
The Honorable Thomas L. Moore
Chairman, Senate Invitations Committee
402 Gressette Building
Columbia, S.C. 29202
Dear Senator Moore:
This is to confirm the invitation of the South Carolina Association of Regional Councils to the members and staff of the South Carolina Senate to attend a Legislative Appreciation Reception to be held:
Tuesday, April 30, 1991
6:00 P.M. - 8:00 P.M.
Capital City Club
25th Floor AT&T Tower
Thank you for including this invitation on the calendar. We will be looking forward to this occasion in April.
Sincerely,
Sidney F. Thomas, Jr.
Referred to the Committee on Invitations.
Columbia, S.C., March 19, 1991
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3499 R. 24 by a vote of 1 to 0:
(R24) H. 3499 -- Reps. Altman and Snow: AN ACT TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.
Very respectfully,
Speaker of the House
(R24) H. 3499 -- Reps. Altman and Snow: AN ACT TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.
On motion of Senator HINDS, with unanimous consent, the veto of the Governor was taken up for immediate consideration.
Senator HINDS moved that the veto of the Governor be overridden.
The question was put: Shall the Act become the law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courson Drummond
Fielding Giese Gilbert
Hayes Helmly Hinds
Hinson Holland Land
Leatherman Leventis Long
Lourie Macaulay Martin
Martschink Matthews McConnell
McGill Mitchell Moore
Mullinax O'Dell Passailaigue
Patterson Peeler Pope
Reese Rose Russell
Saleeby Setzler Shealy
Smith, J.V. Smith, N.W. Stilwell
Thomas Waddell Washington
Williams Wilson
The veto of the Governor was overridden.
Senator DRUMMOND introduced Dr. Stanley C. Baker 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 HAYES was granted a leave of absence for today and Wednesday.
S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly.
S. 743 -- Senators Holland, Hayes, Long and Patterson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
Returned with concurrence.
Received as information.
S. 772 -- Senators Wilson, Courson, Russell, Stilwell, Giese, Peeler, McConnell, Martschink, Shealy, Thomas and Rose: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JEANNIENE P. ROSS OF BLACKVILLE IN BARNWELL COUNTY.
Returned with concurrence.
Received as information.
S. 773 -- Senators Wilson, Courson and Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE ALMA P. LIVINGSTON.
Returned with concurrence.
Received as information.
The following were introduced:
S. 780 -- Senators Wilson and Patterson: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER BEHIND THE RAIL TO THE IRMO HIGH SCHOOL "YELLOW JACKETS" BASKETBALL TEAM ON WEDNESDAY, APRIL 10, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.
Be it resolved by the Senate:
That the Irmo High School "Yellow Jackets" Basketball Team is extended the privilege of the Chamber behind the rail on Wednesday, April 10, 1991, for the purpose of being recognized for winning the Class AAAA State Basketball Championship for 1991.
Referred to the Committee on Invitations.
S. 781 -- Senator Drummond: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. JOSEPH P. (JOE) BARNETT, LONGTIME EMPLOYEE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, FOR HIS INVALUABLE SERVICE DURING A DISTINGUISHED CAREER ON THE OCCASION OF HIS RETIREMENT AND EXTENDING TO HIM BEST WISHES, HEALTH, AND HAPPINESS IN THE FUTURE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 782 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF PAUL E. MORGAN, JR., OF CHEROKEE COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 783 -- Senator Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-312 SO AS TO REQUIRE INSURERS TO BASE INDIVIDUAL HEALTH AND ACCIDENT POLICY PREMIUM RATES ON ACTUARIALLY CREDIBLE EXPERIENCE.
Read the first time and referred to the Committee on Banking and Insurance.
S. 784 -- Senator Wilson: A BILL TO AMEND SECTION 11-27-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF NEW ARTICLE X ON STATE BONDS, SO AS TO PROVIDE FOR THE SIGNATURE OF THE SECRETARY OF STATE BY FACSIMILE; AND TO AMEND SECTION 59-107-130, RELATING TO EXECUTION OF BONDS, SO AS TO PROVIDE FOR THE SIGNATURE OF THE SECRETARY OF STATE BY FACSIMILE.
Read the first time and referred to the Committee on Finance.
S. 785 -- Senator Drummond: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING ON LAND WITHOUT CONSENT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 786 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-530 SO AS TO PROHIBIT THE PURCHASE, BARTER, TRADE, AND SALE OF CERTAIN SPECIES OF BILLFISH AND PROVIDE PENALTIES.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 787 -- Senator Drummond: A BILL TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN WORDS, PHRASES, AND TERMS RELATING TO FISH AND GAME LAWS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-05 SO AS TO DEFINE TERMS AND SECTION 50-3-75 SO AS TO PROVIDE DUTIES FOR THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-15-50, RELATING TO NONGAME AND ENDANGERED SPECIES, SO AS TO DELETE PROVISIONS AUTHORIZING AGREEMENTS BETWEEN THE WILDLIFE AND MARINE RESOURCES COMMISSION AND OTHER ENTITIES AND DELETE THE REFERENCES TO CERTAIN REGULATIONS; AND TO REPEAL SECTIONS 50-1-190, 50-3-80, 50-5-130, 50-11-520, 50-11-860, 50-11-875, 50-11-880, 50-11-883, 50-11-890, 50-11-900, 50-11-910, 50-11-920, 50-11-1050, 50-11-1070, 50-11-1080, 50-11-1090, 50-11-1120, 50-11-1130, 50-11-1150, 50-11-1160, 50-11-1170, 50-13-1950, 50-13-1960, 50-13-1970, 50-13-1980, 50-15-70, 50-21-40, 50-21-50, 50-21-610, AND 50-21-1010 AND CHAPTER 25 OF TITLE 50 RELATING TO BOATING AND WILDLIFE CONSERVATION.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 788 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO DELETE THE PROVISION ALLOWING SPANISH MACKEREL AND COBIA TO BE LANDED WITH HEAD AND TAIL FINS REMOVED AND REVISE THE PROVISIONS FOR THE APPLICATION OF FEDERAL REGULATIONS TO STATE WATERS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 789 -- Senator Bryan: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS GRANTED TO COUNTIES, SO AS TO REVISE AND REAUTHORIZE THE METHOD BY WHICH A SPECIAL TAX DISTRICT IS CREATED.
Read the first time and referred to the Committee on Judiciary.
H. 3697 -- Rep. Phillips: A CONCURRENT RESOLUTION TO WELCOME DR. JOHN MICHAEL PALMS BACK TO SOUTH CAROLINA AND TO THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEADS THIS GREAT INSTITUTION TO CONTINUE ON ITS WELL-RESPECTED COURSE OF EXCELLENCE IN EDUCATION.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3698 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. SAMUEL JOSEPH FRETWELL, SR., OF ANDERSON UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills was severally read the third time, passed and ordered sent to the House of Representatives:
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
On motion of Senator SETZLER, with unanimous consent, the vote whereby the Bill received third reading was reconsidered.
On motion of Senator SETZLER, the Bill was carried over.
S. 70 -- Senators Rose and Wilson: A BILL TO AMEND CHAPTER 1, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450, RELATING TO EDUCATION, SO AS TO REQUIRE ALL PUBLIC SCHOOLS TO COMMENCE EACH SCHOOL DAY WITH THE "PLEDGE OF ALLEGIANCE".
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator SETZLER proposed the following amendment (RES70.001), which was adopted:
Amend the title, as and if amended, by striking on page 1, line 12 /SECTION 59-1-450/ and inserting /SECTION 59-1-455/.
Amend the title further, as and if amended, by striking on page 1, line 14 /COMMENCE EACH SCHOOL DAY WITH/ and inserting /DESIGNATE A TIME EACH SCHOOL DAY FOR/.
Renumber sections to conform.
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered sent to the House of Representatives.
This Bill passed without a roll call. The record does not show anyone voting against it so it indicates I favor the requirement that the pledge of allegiance be used in school each day. I do, but I would like "with liberty and justice" changed to "seeking liberty and justice". I do not think one should allow our young students to have the idea that everyone gets justice today, while I do think we should emphasize that we seek justice for all.
The following Bill having been read the second time was passed and ordered to a third reading:
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
The following Joint Resolution having been read the second time was passed and ordered to a third reading:
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.
On motion of Senator SALEEBY, with unanimous consent, S. 704 was ordered to receive a third reading on Wednesday, March 20, 1991.
H. 3654 -- Reps. Huff, Wilkes, Quinn and Glover: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MARCH 20, 1991, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE SIXTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.
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. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
Senator LEATHERMAN moved that the Bill be made a Special Order.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Giese Leatherman
Macaulay Martschink McConnell
Moore Rose Russell
Setzler Shealy Smith, N.W.
Stilwell Thomas Waddell
Wilson
Bryan Fielding Hinds
Hinson Long O'Dell
Passailaigue Patterson Peeler
Pope Reese Washington
Williams
The Senate refused to make the Bill a Special Order.
S. 536 -- Senators Lourie, Passailaigue, Bryan, Hayes, Long, Leatherman, Nell W. Smith, Macaulay, Peeler, Pope and Rose: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
Senator BRYAN moved that the Bill be made a Special Order.
Senator WILLIAMS, with unanimous consent, was granted leave to address the body with brief remarks.
Senator LONG, with unanimous consent, was granted leave to address the body with brief remarks.
Senator DRUMMOND, with unanimous consent, was granted leave to address the body with brief remarks.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Fielding
Hinds Land Macaulay
Martschink McGill Moore
O'Dell Passailaigue Patterson
Peeler Pope Russell
Setzler Shealy Smith, N.W.
Stilwell Waddell Washington
Williams
Giese Hinson Leatherman
Long McConnell Reese
Rose Thomas Wilson
The Bill, S. 536, was made a Special Order.
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.
Senator WADDELL moved that the Bill be made a Special Order.
Senator SHEALY moved to table the motion to make the Bill a Special Order.
The Senate refused to table the motion.
The Bill, S. 249, was made a Special Order.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the remainder of the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED 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 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 BRYAN, the Bill was carried over.
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 PEELER, the Bill was carried over.
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.
On motion of Senator MARTSCHINK, the Resolution was carried over.
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.
On motion of Senator LONG, the Bill was carried over.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 12:50 P.M. and the following Acts and Joint Resolutions were ratified:
(R29) H. 3596 -- Reps. Townsend, Shirley, Cooper, P. Harris, Tucker, Chamblee, T.C. Alexander and Ross: AN ACT 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.
(R30) H. 3043 -- Rep. Harvin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1710 SO AS TO REQUIRE AN INCOME TAX RETURN PREPARER TO INCLUDE HIS FEDERAL TAXPAYER IDENTIFICATION NUMBER ON STATE INCOME TAX RETURNS AND CLAIMS FOR REFUND PREPARED BY HIM AND TO AUTHORIZE THE TAX COMMISSION TO IMPOSE A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR NONCOMPLIANCE AND ALLOW THE COMMISSION TO WAIVE THE PENALTY IF THE PREPARER SUBMITS THE REQUIRED INFORMATION.
(R31) H. 3507 -- Rep. J. Bailey: AN ACT 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.
(R32) H. 3421 -- Labor, Commerce and Industry Committee: AN ACT 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; 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; AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING SHALL BE PROVIDED TO IMPLEMENT THE PROVISIONS OF THIS ACT FOR FISCAL YEAR 1990-91.
(R33) 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.
(R34) 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.
(R35) 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.
(R36) H. 3558 -- Reps. Carnell, McAbee, Boan, J.W. Johnson and Foster: AN ACT 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.
(R37) H. 3508 -- Labor, Commerce and Industry Committee: AN ACT 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 PROVIDE THE CAPITAL NET WORTH REQUIREMENTS FOR A STOCK HEALTH MAINTENANCE ORGANIZATION, DELETE THE REFERENCE TO NET WORTH REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS AFTER THE TRANSITION PERIOD, AND AUTHORIZE THE COMMISSIONER TO REQUIRE GREATER INITIAL NET WORTH REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS; 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.
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
Senator LEATHERMAN spoke on the Bill.
Senator McCONNELL asked unanimous consent to make a motion that when the Senate stands adjourned, that S. 494 be placed in the status of Adjourned Debate.
Senator BRYAN objected.
Senator LEATHERMAN continued speaking on the Bill.
Debate was interrupted by adjournment, Senator LEATHERMAN retaining the floor.
At 12:53 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M.
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