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, as we come within the shadow of the Christian's Good Friday, and the Jewish Passover, hear the words of the Epistle to the Hebrews (11:23-28):

"By faith Moses........ left Egypt, not

being afraid of the anger of the king;

For he endured as seing Him who is

invisible.

By faith he kept the Passover and

sprinkled the blood, so that the

destroyer of the first-born might

not touch them"... (the first-born of

Israel).
Let us pray.

Our Father, we thank You for this profound and wonder-filled season of the year... so filled with the evidences of mankind's degradation... and so full of hope from our God!

We are grateful for the uplift that comes to the Jews when they remember the profound meaning of the Passover... the victory of life over death!

We thank You for the message of joy that comes to the Christian as the believer looks at the meaning of the Cross and the Open Tomb.

So, as we talk about a New World Order, let us not forget that there is hope in the grace and power of the Almighty God that issues in the Resurrection!

Amen.

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

Senator MARTIN introduced Dr. Halsted M. Stone of Chester, S.C., Doctor of the Day.

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

Columbia, S.C., March 28, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
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.
and has ordered the Bill enrolled for ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 28, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.
and has ordered the Bill enrolled for ratification.

Very respectfully,
Speaker of the House

Received as information.

Columbia, S.C., March 28, 1991

Mr. President and Senators:

The House respectfully informs your Honorable Body that it requests the return of:
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.
Very respectfully,
Speaker of the House

Received as information.

On motion of Senator BRYAN, the Bill was returned to the House as requested.

S. 815 -- Senator Peeler: A CONCURRENT RESOLUTION CONGRATULATING THE BLACKSBURG HIGH SCHOOL LADY WILDCATS OF CHEROKEE COUNTY ON WINNING THE 1991 CLASS AA STATE BASKETBALL CHAMPIONSHIP.

Returned with concurrence.

Received as information.

S. 820 -- Senators Drummond, Bryan, Courson, 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, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. MARTHA THURMOND BISHOP OF GREENWOOD ON HER SELECTION AS SOUTH CAROLINA MOTHER OF THE YEAR FOR 1991.

Returned with concurrence.

Received as information.

Senator MULLINAX rose to a Point of Personal Privilege.

Senator MITCHELL rose to a Point of Personal Privilege.

Senator GILBERT rose to a Point of Personal Privilege.

Senator PASSAILAIGUE rose to a Point of Personal Privilege.

Senator SHEALY rose to a Point of Personal Privilege.

Senator J. VERNE SMITH rose to a Point of Personal Privilege.

Senator WILLIAMS rose to a Point of Personal Privilege.

The following were introduced:

S. 821 -- Senator Russell: A SENATE RESOLUTION TO GRANT AN INTERPRETER FOR THE DEAF ACCESS TO THE SENATE FLOOR TO "SIGN" WHILE THE SENATE IS IN SESSION WEDNESDAY, APRIL 3, 1991, IN RECOGNITION OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND.

Be it resolved by the Senate:

That an interpreter for the deaf is granted access to the Senate Floor to "sign" while the Senate is in session Wednesday, April 3, 1991, in recognition of the South Carolina School for the Deaf and the Blind.

Be it further resolved that a copy of this resolution be forwarded to the Chairman of the Board of Commissioners of the South Carolina School for the Deaf and the Blind.

Referred to the Committee on Invitations.

S. 822 -- Senators Drummond, Bryan, Courson, 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, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A SENATE RESOLUTION TO EXTEND THE PRIVILEGE OF THE CHAMBER ON TUESDAY, APRIL 2, 1991, TO MRS. MARTHA BISHOP OF GREENWOOD AND HER BROTHER, THE HONORABLE STROM THURMOND, FOR THE PURPOSE OF RECOGNIZING MRS. BISHOP AS THE 1991 SOUTH CAROLINA MOTHER OF THE YEAR.

Be it resolved by the Senate:

That the privilege of the Chamber is extended on Tuesday, April 2, 1991, to Mrs. Martha Bishop of Greenwood and her brother, The Honorable Strom Thurmond, for the purpose of recognizing Mrs. Bishop as the 1991 South Carolina Mother of the Year.

On immediate consideration, the Senate Resolution was adopted.

S. 823 -- Senator Russell: A SENATE RESOLUTION TO GRANT DR. REED TUCKSON, SENIOR VICE PRESIDENT OF THE MARCH OF DIMES AND A SPECIAL GUEST OF THE JUNIOR LEAGUES OF SOUTH CAROLINA, ACCESS TO THE SENATE FLOOR TO ADDRESS THE SENATE BRIEFLY TUESDAY, APRIL 30, 1991.

Be it resolved by the Senate:

That Dr. Reed Tuckson, Senior Vice President of the March of Dimes, and a special guest of the Junior Leagues of South Carolina, is granted access to the Senate Floor to address the Senate briefly Tuesday, April 30, 1991.

Be it further resolved that a copy of this resolution be forwarded to Cynthia C. Beacham, Delegate, State Public Affairs Committee, Junior Leagues of South Carolina.

Referred to the Committee on Invitations.

S. 824 -- Senators Land and Leventis: A CONCURRENT RESOLUTION COMMENDING MS. JO ANNE MORRIS OF SUMTER COUNTY FOR HER LEADERSHIP AND CONSIDERATION OF OTHERS IN ORGANIZING VOLUNTEERS TO MEET THE NEEDS OF AIR FORCE FAMILIES DURING OPERATIONS DESERT SHIELD AND DESERT STORM.

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

S. 825 -- Senator Fielding: A BILL TO AMEND SECTION 32-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATORY AUTHORITY OF THE STATE BOARD OF FINANCIAL INSTITUTIONS WITH RESPECT TO PRENEED BURIAL CONTRACTS, SO AS TO PROVIDE THAT THE LICENSE WHICH MUST BE OBTAINED FROM THE BOARD BY PERSONS HOLDING OR ACCEPTING PRENEED BURIAL CONTRACTS MUST BE RENEWED ANNUALLY FOR A FEE IN AN AMOUNT ESTABLISHED BY THE BOARD TO DEFRAY ITS EXPENSES IN ADMINISTERING ITS REGULATORY AUTHORITY WITH RESPECT TO PRENEED BURIAL CONTRACTS.

Read the first time and referred to the Committee on Banking and Insurance.

S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.

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

S. 827 -- Senator Land: A BILL TO AMEND SECTION 12-45-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT DELINQUENT PROPERTY TAX PAYMENTS BE APPLIED TO THE OLDEST CHRONOLOGICAL DELINQUENCY OF THE TAXPAYER, SO AS TO ALLOW THE DELINQUENT TO SPECIFY THE DELINQUENCY AGAINST WHICH THE PAYMENT MUST BE APPLIED.

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

S. 828 -- Senator McConnell: A BILL TO AMEND SECTION 6-7-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING BY MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE FOR MITIGATION WHEN INCREASED TRAFFIC CONGESTION IS ANTICIPATED AS A RESULT OF THE GRANTING OF A ZONING VARIANCE OR REGULATION AND PROVIDE EXCEPTIONS.

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

S. 829 -- Senators Courson, Thomas, Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 41 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR CURRENT AND RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION OR USE OF THE PLATE.

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

S. 830 -- Senators Martschink, Moore, McConnell, Long, Land, Rose, Saleeby, Stilwell, Washington, Pope, Passailaigue, Bryan, Shealy, Helmly and Reese: A BILL TO AMEND SECTION 56-3-1250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION CARDS, SO AS TO REDUCE THE PENALTY FOR FAILURE OF THE OWNER TO SIGN THE REGISTRATION CARD IN THE SPACE PROVIDED.

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

S. 831 -- Senator Pope: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR NEWBERRY COUNTY AND TO ABOLISH THE NEWBERRY COUNTY ELECTIONS COMMISSION AND THE BOARD OF REGISTRATION OF NEWBERRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

H. 3734 -- Sumter Delegation: A CONCURRENT RESOLUTION COMMENDING LT. GENERAL CHARLES A. HORNER, CENTRAL COMMAND AIR FORCE COMMANDER, FOR HIS DEDICATION, ABILITIES, AND LEADERSHIP IN BRINGING OPERATIONS DESERT SHIELD AND DESERT STORM TO A SWIFT AND SUCCESSFUL CONCLUSION.

Senator LAND moved that the Concurrent Resolution be adopted.

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 Concurrent Resolution was adopted, ordered returned to the House.

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

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.

Ordered for consideration tomorrow.

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

S. 730 -- Senator Land: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.

Ordered for consideration tomorrow.

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

S. 748 -- Senators Land and Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO ACT TO ASSIST DAIRY FARMERS IN OBTAINING A FAIR PRICE FOR THEIR MILK AND IN PREVENTING UNNECESSARY FINANCIAL HARDSHIPS TO THE FARMERS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendment report on:

H. 3649 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 50-11-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO REVISE THE DEPARTMENT'S AUTHORITY AND RELATED PENALTIES.

On motion of Senator DRUMMOND, with unanimous consent, the Bill was recommitted to the Committee on Fish, Game and Forestry.

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

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.

Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.

Senator HINDS objected.

The following House Bill was read the third time, passed and ordered returned to the House with amendments:

H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

Senator STILWELL explained the Bill.

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

S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 268 -- Senator Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE FOR A COUNTY HUMAN RESOURCES COMMISSION; TO AMEND SECTIONS 43-41-10, 43-41-30, AND 43-41-40, RELATING TO THE GLEAAMS HUMAN RESOURCES COMMISSION, SO AS TO DELETE THE PROVISIONS FOR THE COMMISSION IN ANDERSON COUNTY; TO CHANGE THE NAME OF THE COMMISSION TO GLEAMS; AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of amendment proposed by the General Committee.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third.

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.

Senator MACAULAY asked unanimous consent to take the Bill up for immediate consideration.

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

Senator MACAULAY explained the Bill.

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

S. 570 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third.

S. 572 -- Senator Drummond: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendments proposed by the General Committee.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third reading.

S. 579 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-75-105 SO AS TO PROHIBIT CERTAIN LICENSES AND REGISTRATIONS BY THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS; TO AMEND SECTION 40-75-100, AS AMENDED, RELATING TO THE REQUIREMENTS FOR LICENSURE UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO DELETE THE REQUIREMENT THAT A LICENSURE APPLICANT RESIDE OR INTEND TO PRACTICE IN THIS STATE; TO AMEND SECTION 40-75-170, RELATING TO MISCONDUCT OF A LICENSEE, SO AS TO DELETE THE PROVISION FOR THE USE OF A SOLICITOR OR OTHER PERSON TO OBTAIN PATRONAGE; TO REPEAL SECTION 40-75-190 RELATING TO EXEMPTIONS UNDER THE ACT; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF EXAMINERS FOR SIX YEARS.

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by General Committee.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments, carrying over all amendments to third.

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.

Senator MACAULAY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

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

Senators NELL W. SMITH and SALEEBY spoke on the Bill.

The Bill was read the second time, passed and ordered to a third reading with notice of general amendments.

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The amendment proposed by the Committee on Finance (CYY\18383.HTC) was adopted as follows:

Amend the bill, as and if amended, by inserting an appropriately numbered section to read:
/SECTION ____. Section 9-1-1710(2) of the 1976 Code is amended to read:

"(2) On or after July 1, 1975, any member may elect to become entitled to creditable service on account of his out-of-state service by making a special lump-sum contribution equal to ten percent of his annual earnable compensation at the time of payment for each year of out-of-state service and a proportionate part thereof for a fraction of a year, provided that the earnable compensation used as a basis for the special lump-sum contribution must not be less than his earnable compensation in any one of the three preceding fiscal years. A member who elects to receive creditable service for out-of-state service may establish a portion of the service on a one-time basis except the balance may be established in accordance with Section 9-1-80. The out-of-state service must be matched on a one-for-one basis with in-state service. Out-of-state service may not exceed the total creditable service, exclusive of out-of-state service which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. A member who elects to receive creditable service for his out-of-state service shall establish credit for all service for which he is eligible, except that the service shall not exceed the total creditable service, exclusive of out-of-state service, which he would have if he remained in service until completion of the eligibility requirements for an unreduced service retirement allowance. The contribution thereafter must be treated in the same way as the regular contributions required of a member hereunder."/

Renumber sections to conform.

Amend title to conform.

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

S. 509 -- Senators Russell and Wilson: A BILL TO AMEND CHAPTER 7, TITLE 54 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.

On motion of Senator HOLLAND, with unanimous consent, the Bill was recommitted to the General Committee, retaining its place on the calendar.

Senator WILLIAMS moved that when the Senate adjourns on Monday, April 1, 1991, it stand adjourned to meet Tuesday, April 2, 1991, at 12:00 Noon, which motion was adopted.

At 12:34 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet next Monday, April 1, 1991, at 11:00 A.M. for local and uncontested matters.

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