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, hear the words of a wise man who long ago wrote in the Book of Proverbs (NIV 18:21):

"The tongue has the power of life and death,

And those who love it will eat its fruit."
Let us pray.

Eternal God and Father, Ruler of nations, source of all that is good and true, as our fathers trusted in Thee... and had inscribed upon the coin of our realm "In God We trust", our morning prayer is for such grace as will enable us to look beyond our own wisdom to the guidance that is available when meek hearts seek it from above.

Grant to us this day zeal to spend our strength achieving the best goals that we know... achievable in our common life.

We lift our eyes upward to behold Thy holiness. We turn our eyes outward and behold the world's need. We look inward and feel our need of Your help from above... in the Name of the God who has taught us to love life.

Amen.

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

Senator McGILL introduced Dr. Clarence Coker of Manning, S.C., Doctor of the Day.

Senator MITCHELL rose to a Point of Personal Privilege.

S. 980 -- Senators Setzler, 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, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. F. W. "BILLY" CAUGHMAN, PROMINENT LEXINGTON COUNTY BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

Returned with concurrence.

Received as information.

H. 3702 -- Rep. Wilkes: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS FOR SIX YEARS, RETROACTIVE TO JUNE 30, 1990.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was recalled from the Committee on Judiciary.

On motion of Senator J. VERNE SMITH, with unanimous consent, the Bill was referred to the Committee on Medical Affairs.

S. 607 -- Senators Setzler, Martin, Saleeby, Fielding, O'Dell, Matthews, Mitchell, Hinds, Giese, Holland, Land, Waddell, Courson, Hayes and Nell W. Smith: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-4-203, RELATING TO FILING AND APPROVAL OF CREDIT INSURANCE PREMIUM RATES AND CHARGES, SO AS TO REVISE CERTAIN CREDIT LIFE INSURANCE PREMIUMS WHICH MAY BE CHARGED; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.

Senator WILLIAMS asked unanimous consent to make a motion to make the Bill a Special Order.

Senator MACAULAY objected.

The following were introduced:

S. 982 -- Senators Holland, Thomas, Hinds and Washington: A CONCURRENT RESOLUTION TO SET WEDNESDAY, MAY 29, 1991, AT 12:00 NOON AS THE TIME FOR THE GENERAL ASSEMBLY TO ELECT SUCCESSORS TO MEMBERS OF THE SOUTH CAROLINA STATE BOARD OF SOCIAL SERVICES.

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 29, 1991, at 12:00 noon for the purpose of electing successors to members of the South Carolina State Board of Social Services.

Referred to the Committee on Invitations.

S. 983 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO CONGRATULATE TYRONE GADSON OF ORANGEBURG COUNTY UPON BEING NAMED THE "1991 SANTEE COOPER COUNTRY AND SOUTH CAROLINA HOSPITALITY EMPLOYEE OF THE YEAR".

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

S. 984 -- Senators Drummond, Martschink, McConnell, Fielding, Long, Hinds, Passailaigue and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-5 SO AS TO DEFINE THE CENTER LINE OF WATERWAYS FOR PURPOSES OF DESCRIBING COUNTIES AND JURY AREAS; TO AMEND SECTIONS 4-3-70, 4-3-100, 4-3-150, 4-3-270, 4-3-310, AND 4-3-320, RELATING TO THE BOUNDARIES OF THE COUNTIES OF BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER, SO AS TO REDEFINE THEIR BOUNDARIES; TO AMEND SECTION 22-2-190, AS AMENDED, RELATING TO JURY AREAS IN VARIOUS COUNTIES, SO AS TO REDEFINE THE JURY AREAS IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, HORRY, AND JASPER COUNTIES; AND TO REPEAL SECTION 4-3-160 RELATING TO THAT PORTION OF CHARLESTON COUNTY WHICH WAS TRANSFERRED TO COLLETON COUNTY.

Senators DRUMMOND and McCONNELL spoke on the Bill.

Read the first time and on motion of Senator DRUMMOND, with unanimous consent, ordered placed on the Calendar without reference.

H. 3991 -- Reps. McAbee, J.C. Johnson and Carnell: A CONCURRENT RESOLUTION TO COMMEND FRED P. BRINKMAN FOR HIS SERVICE TO THE STATE OF SOUTH CAROLINA AS EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SINCE 1973.

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

H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos, and Waites: 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 HAYES asked unanimous consent that the Bill be placed on the Calendar without reference.

Senator COURSON objected.

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

H. 3134 -- Rep. McTeer: A BILL TO AMEND SECTIONS 9-1-1140 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND TO THE PROVISIONS ALLOWING MERCHANT MARINE SEAMEN AND CIVIL SERVICE CREW MEMBERS TO ESTABLISH CREDIT FOR CERTAIN SERVICE BETWEEN 1941 AND 1945, SO AS TO EXTEND THE EXPIRATION OF THAT PERIOD OF SERVICE TO 1947.

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

H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.

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

H. 3515 -- Reps. Neilson, Baxley, Keegan, Quinn, Hallman, Sturkie, Wells, J. Bailey, Rhoad, McGinnis, Koon, D. Williams, Cork and M.O. Alexander: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

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

H. 3540 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E OF SECTION 3 OF INSURANCE DEPARTMENT REGULATION R69-44 (REQUIREMENT FOR HOME CARE) UNTIL JANUARY 1, 1992.

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

H. 3609 -- Reps. Hodges and Hayes: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DEALER OR WHOLESALER LICENSE PLATES, SO AS TO PROVIDE THAT THESE PLATES ONLY MAY BE ISSUED TO PERSONS WHO SELL TEN MOTOR VEHICLES IN A TWELVE-MONTH PERIOD.

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

On motion of Senator LOURIE, with unanimous consent, the Bill was recalled from the Committee on Transportation.

On motion of Senator LOURIE, H. 3609 was ordered to receive a second reading with notice of general amendments on Friday, May 10, 1991.

H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.

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

H. 3667 -- Reps. Wright, Klapman and Koon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AD VALOREM PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE THE RESIDENCE OF A HEMIPLEGIC PERSON AND DEFINE THE TERM.

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

H. 3709 -- Rep. Altman: A BILL TO AMEND SECTION 12-37-2740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF DRIVER'S LICENSE AND REGISTRATION, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF SUSPENSION BE IN A MANNER PROVIDED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

H. 3713 -- Rep. Hodges: A BILL TO AMEND SECTION 43-5-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT ALLOWED COUNTIES, CIRCUIT SOLICITORS, AND CIRCUIT COURTS FROM THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO ALLOW REIMBURSEMENT FOR SHERIFFS.

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

H. 3721 -- Reps. Burriss and McAbee: A BILL TO AMEND SECTION 16-14-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE FINANCIAL TRANSACTION CARD CRIME ACT, SO AS TO DEFINE "ACQUIRER"; AND TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, SO AS TO MAKE IT ILLEGAL FOR A PERSON TO FRAUDULENTLY REPRESENT TO AN ACQUIRER THAT HE HAS AUTHORIZATION TO USE A CREDIT CARD ACCOUNT NUMBER FOR THE PURPOSE OF RECEIVING MONEY, GOODS, SERVICES, OR ANYTHING ELSE OF VALUE, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

H. 3748 -- Reps. Sharpe, Smith and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-617 SO AS TO AUTHORIZE PERMITTED DOMESTIC WINERIES TO SELL THEIR WINE AT RETAIL AND DELIVER.

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

H. 3768 -- Reps. Phillips and Wright: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.

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

H. 3773 -- Reps. Baker, Sharpe, Kirsh, Nettles, Keesley and Baxley: A BILL TO AMEND JOINT RESOLUTION 550 OF 1986, RELATING TO A MAXIMUM SALES TAX ON THE SALE OF MACHINERY FOR RESEARCH AND DEVELOPMENT FOR A PERIOD OF FIVE YEARS AND AN EXEMPTION FROM AD VALOREM TAXATION FOR A PERIOD OF FIVE YEARS OF CERTAIN FACILITIES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES, SO AS TO MAKE THESE EXEMPTIONS PERMANENT RATHER THAN OF A FIVE-YEAR DURATION AND TO DESIGNATE SECTION 1 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-36-2120(43), CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO DESIGNATE SECTION 2 OF JOINT RESOLUTION 550 OF 1986 AS SECTION 12-37-220 B.(34) OF THE 1976 CODE.

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

H. 3933 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1335, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 3941 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-325 SO AS TO PROVIDE FOR ADDITIONAL REQUIREMENTS FOR THE APPROVAL OF INDIVIDUAL MAJOR MEDICAL EXPENSE COVERAGE POLICIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-650 SO AS TO GRANT TO ANY PERSON PURCHASING AN INDIVIDUAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY AFTER JULY 1, 1991, THE RIGHT TO TRANSFER TO ANY OTHER INDIVIDUAL POLICY OF EQUAL OR LESSER BENEFITS OFFERED FOR SALE BY THE INSURER AT THE TIME THE TRANSFER IS SOUGHT, WITH WAITING PERIODS AND PREEXISTING CONDITION PERIODS TO BE SERVED AFTER THE TRANSFER; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 3, SO AS TO PROVIDE FOR CERTAIN MECHANISMS WHEREBY HEALTH INSURANCE COVERAGE IS MADE AVAILABLE TO SMALL EMPLOYERS; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REDUCE THE SIZE OF THE GROUPS FOR WHICH INDIVIDUAL EVIDENCE OF INSURABILITY MAY NOT BE REQUIRED, TO FURTHER PROVIDE FOR THIS GROUP COVERAGE, AND TO REQUIRE AN INSURER UNDER CERTAIN CONDITIONS TO GIVE CREDIT FOR THE SATISFACTION OF A PREEXISTING CONDITION PERIOD IF A COVERED PERSON MOVES FROM ONE INSURED GROUP TO ANOTHER; TO AMEND SECTION 38-71-760, RELATING TO STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO REDUCE THE REQUIRED SIZE OF CERTAIN GROUPS TO WHICH VARIOUS DISCONTINUANCE AND REPLACEMENT PROVISIONS APPLY, AND TO ESTABLISH WHEN A REPLACEMENT CARRIER BECOMES A SUCCEEDING CARRIER; AND TO AMEND SECTION 38-71-770, AS AMENDED, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES FOR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO ESTABLISH THE STANDARD BY WHICH A GROUP POLICY BECOMES A SUCCESSOR POLICY.

Senator FIELDING raised a Point of Order that H. 3941 would require an affirmative vote of two-thirds of the membership of the Senate for first reading.

The PRESIDENT sustained the Point of Order.

Senator SALEEBY moved under Rule 49 to give first reading to H. 3941.

Senator BRYAN made a Parliamentary Inquiry as to whether or not the Point of Order raised under Rule 49 could be timely made on the question of second reading of a Bill.

The PRESIDENT stated that precedent of the Senate dictates that the appropriate time to raise the question under Rule 49 is upon introduction of the Bill.

Senator LEATHERMAN moved to carry over the Bill.

Senator FIELDING objected.

Senator LEATHERMAN raised a Point of Order that the motion to carry over did not require unanimous consent.

The PRESIDENT overruled the Point of Order and stated that Rule 49 presents a threshold question which must be decided in order for a Rule 14 motion to be applied to the main matter.

Senator FIELDING moved to table the motion by Senator SALEEBY to accept the Bill.

Senator FIELDING withdrew the motion to table.

Senator SALEEBY argued in favor of the motion to accept the Bill and Senator FIELDING argued contra.

Senator LEATHERMAN argued in favor of the motion.

Senator BRYAN made a Parliamentary Inquiry as to whether or not the motion made under Rule 49 was debatable.

The PRESIDENT stated that while the rule was silent, the incidental motions of this nature are generally to be decided without debate.

Senator SALEEBY made a Parliamentary Inquiry as to the status of H. 3941 upon the conclusion of the vote.

The PRESIDENT stated that if the requisite vote was received, the Bill would be referred to the appropriate committee and, if the requisite vote was not received, the Bill would be returned to the House.

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

Bryan Courson Drummond
Giese Hayes Hinds
Hinson Holland Leatherman
Leventis Long Lourie
Macaulay Martin Martschink
Matthews McConnell McGill
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, J.V. Smith, N.W.
Stilwell Thomas Washington
Williams Wilson

Fielding Mitchell

The Bill was accepted.

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

Senator FIELDING made a Parliamentary Inquiry as to whether or not a member is required to be present to object to motions pertaining to H. 3941, any of which such motions would require unanimous consent.

The PRESIDENT stated that the Senator must be present to interpose an objection on a unanimous consent request.

H. 3948 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:

S. 2 -- Senators Nell W. Smith, Setzler, Giese, Martschink, Mullinax and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO HAVE A CERTAIN NURSE-STUDENT RATIO FOR VARIOUS SCHOOL YEARS AND TO PROVIDE FOR A SUPPLEMENTAL FUNDING PLAN FOR THE NURSE-STUDENT RATIO REQUIREMENTS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

S. 555 -- Senators Pope, McConnell, Patterson, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Leatherman, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Peeler, Reese, Rose, Russell, Saleeby, Setzler, J. Verne Smith, Nell W. Smith, Thomas, Waddell, Washington and Wilson: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable with amendment report on:

S. 857 -- Senators Setzler, Stilwell, Hayes, Wilson, Matthews, Gilbert, Patterson, Bryan, Russell, Saleeby, Nell W. Smith, Pope, Macaulay, Martschink, Helmly and Leatherman: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.

Ordered for consideration tomorrow.

Senator SETZLER, from the Committee on Education, submitted a favorable report on:

S. 868 -- Senators Giese, Courson, Lourie, Patterson, Rose, Wilson, Pope, Hinson, McGill, Thomas, Washington, Land and Bryan: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE AN ELIGIBILITY REQUIREMENT PERTAINING TO A VETERAN'S REQUIRED PERIOD OF RESIDENCY IN THIS STATE.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendment report on:

H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable report on:

H. 3619 -- Reps. J. Harris, Baxley, Burch, Neilson and Beasley: A BILL TO AMEND SECTION 48-23-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME FROM THE SANDHILLS STATE FOREST AND CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE, SO AS TO DELETE THE REFERENCE TO CAROLINA SANDHILLS NATIONAL WILDLIFE REFUGE AND FEDERAL AND COUNTY REFERENCES AND PROVIDE FOR BUDGET AND CONTROL BOARD APPROVAL, FOR USE OF THE INCOME, AND FOR THE INCOME TO BE CARRIED FORWARD.

Ordered for consideration tomorrow.

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

H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.

Ordered for consideration tomorrow.

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

H. 3820 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING UNDER CONSTRUCTION IN HUGER AS THE "RALPH HAMER, SR., BOAT LANDING".

Ordered for consideration tomorrow.

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

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

H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.

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

Senator HAYES proposed the following amendment (BR1\1678.AC), which was adopted:

Amend the bill, as and if amended, Section 27-8-80, as contained in SECTION 1, by adding before the period at the end of the first sentence /or federal law/.

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

There being no further amendments, the Bill was read the third timed, passed and ordered returned to the House of Representatives with amendments.

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

S. 948 -- Senators Williams and Matthews: A BILL TO AUTHORIZE EACH SCHOOL DISTRICT OF ORANGEBURG COUNTY, AT THE DISCRETION OF THE SCHOOL DISTRICT'S BOARD OF TRUSTEES, TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.

On motion of Senator WILLIAMS, S. 948 was ordered to receive a third reading on Friday, May 10, 1991.

H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: A BILL TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.

On motion of Senator PASSAILAIGUE, H. 3952 was ordered to receive a third reading on Friday, May 10, 1991.

H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.

On motion of Senator PASSAILAIGUE, H. 3959 was ordered to receive a third reading on Friday, May 10, 1991.

S. 981 -- Senators Williams and Matthews: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE FOR FISCAL YEARS 1991-92 AND 1992-93 A SCHOOL DISTRICT TO RAISE ITS MILLAGE THREE MILLS IN EXCESS OF THE PRECEDING YEAR'S MILLAGE UNDER CERTAIN CONDITIONS, AND TO REQUIRE A PUBLIC HEARING BEFORE SUBMITTING THE BUDGET AND PROPOSED TAX LEVY TO COUNTY OFFICIALS.

(By prior motion of Senator WILLIAMS)

H. 3487 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL COUNCIL, RELATING TO AMENDMENTS TO THE COASTAL ZONE MANAGEMENT ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1341, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator HAYES, the Joint Resolution was recommitted to the Committee on Agriculture and Natural Resources.

H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.

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

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

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 Amendment No. 3A, proposed by Senator FIELDING and previously printed in the Journal of Wednesday, May 8, 1991.

Senator MACAULAY was recognized to speak on the amendment.

On motion of Senator LOURIE, debate was interrupted by adjournment.

Senator LOURIE moved that when the Senate adjourns on Friday, May 10, 1991, it stand adjourned to meet Tuesday, May 14, 1991, at 12:00 Noon, which motion was adopted.

At 1:19 P.M., on motion of Senator LOURIE, the Senate adjourned to meet tomorrow at 11:00 A.M.

This web page was last updated on Tuesday, June 30, 2009 at 8:58 A.M.