Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index
| Printed Page 3950, Mar. 30 | Printed Page 3970, Apr. 5 |
Printed Page 3960 . . . . . Thursday, March 31, 1994
H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN INFORMATION CONCERNING REVERSE MORTGAGES IS AVAILABLE TO LOAN APPLICANTS.

H. 4375 -- Reps. Richardson, Snow, Fulmer and Keyserling: A BILL TO AMEND SECTION 38-75-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WIND AND HAIL INSURANCE, SO AS TO CHANGE THE DEFINITION OF "ESSENTIAL PROPERTY INSURANCE".

H. 4861 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE

Printed Page 3961 . . . . . Thursday, March 31, 1994
DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

H. 4702 -- Reps. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 541 -- Senators Saleeby, Land, McConnell, Courtney, Rankin and Rose: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW

Printed Page 3962 . . . . . Thursday, March 31, 1994
AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF

Printed Page 3963 . . . . . Thursday, March 31, 1994
THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.

S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.

S. 1063 -- Senator Bryan: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.

Printed Page 3964 . . . . . Thursday, March 31, 1994
ADJOURNMENT

At 11:00 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon on Tuesday, April 5.

* * *

Printed Page 3965 . . . . . Tuesday, April 5, 1994
Tuesday, April 5, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Lord God, in Your concern for Your children as seen in the messages of Easter and the Passover, inspire us to more fully rely upon You. We admit that too often we wait to pray until all else fails. Help us to know that You are not a God of the Last Resort. Deliver us from treating You like a spare tire, or a fire extinguisher or as a parachute. Forbid that we should ever conduct ourselves on the assumption that we depend upon You only when everything else fails.

This our prayer we make to our God Who waits patiently for us to pray and Who is ever ready to hear our prayers. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Thursday, the SPEAKER ordered it confirmed.

Printed Page 3966 . . . . . Tuesday, April 5, 1994
REPORT RECEIVED

The Joint Insurance Study Committee Report was received and was printed in the Senate Journal on Monday, April 4.

REPORT RECEIVED

SOUTH CAROLINA HOUSE OF REPRESENTATIVES

Committee To Screen Candidates

For Boards of Trustees

Of State Colleges and Universities

MEMORANDUM TO: Clerk of the Senate

Clerk of the House
RE: Transcripts of Hearings

In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Respectfully submitted,
Eugene C. Stoddard
Chairman

Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards and Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The Committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:

Clemson University--three seats (at-large)

Harold D. Kingsmore (Graniteville)

Patricia H. McAbee (McCormick)

Joseph D. Swann (Greenville)

Printed Page 3967 . . . . . Tuesday, April 5, 1994
College of Charleston--six by congressional districts and two at-large
Seat 1

Gordan B. Stine, D.D.S. (Charleston)
Seat 3

Harry M. Lightsey, III (Columbia)
Seat 5

Anne T. Sheppard (Laurens)
Seat 7

Robert S. Small, Jr. (Greenville)
Seat 9

F. Creighton McMaster (Winnsboro)
Seat 11

J. David Watson (Latta)
Seat 13

Blaine Ewing (Charleston)

Thomas W. Weeks (Barnwell)
Seat 15

John F. Clark, III (Columbia)

Jeffery E. Kinard (Pawleys Island)
Francis Marion University--six by congressional districts, one unexpired term, and two at-large
Seat 1

Howard G. Lundy, Jr. (Mount Pleasant)
Seat 3

James R. Courie (Columbia)
Seat 5

Carolyn Shortt (Laurens)
Seat 7

H. Randall Dozier (Greenville)
Seat 8 (unexpired term--1996)

Alex Kiriakides, III (Greenville)
Seat 9

W.C. Stanton (Cheraw)
Seat 11

Peter D. Hyman (Florence)
Seat 13

Dianne H. Brown (Marion)
Seat 15

Allard A. Allston (Darlington)

Printed Page 3968 . . . . . Tuesday, April 5, 1994
Lander University--six by congressional districts and two at-large
Seat 1

Darlene N. Hyman (Surfside Beach)
Seat 3

Maurice Holloway (West Columbia)

Thomas J. Kosmata (Lexington)
Seat 5

William G. Stevens (Greenwood)
Seat 7

Martha S. Whitener (Union)
Seat 9

Glenn J. Lawhon, Jr. (Hartsville)
Seat 11

Morgan B. Coker (Florence)
Seat 13

Estelle M. Mauldin (Greenwood)
Seat 15

Bobby M. Bowers (Lexington)
Medical University of South Carolina--three by congressional districts/medical and non-medical professions
Medical
Seat 1

Dan Brake, M.D. (Charleston)

Donald R. Johnson II, M.D. (Charleston)
Seat 2

Thomas C. Rowland, Jr., M.D. (Columbia)
Seat 3

Stanley C. Baker, Jr., M.D. (Greenwood)
Non-medical
Seat 4

Herbert C. Granger (Greenville)
Seat 5

Robert C. Lake, Jr. (Newberry)
Seat 6

Margaret M. Addison (Holly Hill)
South Carolina State University--one by congressional district and one at-large unexpired term
Seat 3

Charles C. Lewis (Anderson)
Seat 12 (unexpired term--1996)

Bishop Johnnie M. Smith (Greenville)

Printed Page 3969 . . . . . Tuesday, April 5, 1994
The Citadel--two seats (at-large)

James E. Jones, Jr. (Greenville)

Francis P. Mood (Columbia)

William F. Sachs (Columbia)
University of South Carolina--eight by judicial circuits
Seat 1

Othniel H. Wienges, Jr. (St. Matthews)
Seat 3

A.S. Bahnmuller (Sumter)
Seat 5

William C. Hubbard (Columbia)
Seat 7

Toney J. Lister (Spartanburg)
Seat 9

Donald A. Bailey (Charleston)
Seat 11

Michael J. Mungo (Columbia)
Seat 12

C. Edward Floyd, M.D. (Florence)
Seat 13

Mack I. Whittle (Greenville)
Wil Lou Gray Opportunity School--two (at-large) one for four-year term; one unexpired three-year term
Four-year term

Mary Evelyn Williams (West Columbia)
Three-year term

Faye C. Edwards (Gaffney)
Winthrop University--two seats (at-large)

Mary Anne Douglas Lake (Belton)

Harold P. Tuttle, Jr. (Rock Hill)

Hearing of Thursday, March 17, 1994

9:05 a.m. - 9:30 a.m.

The proceedings taken at Room 433, Blatt Building, Columbia, South Carolina, on the 17th day of March 1994, before Elaine M. Boyd, Certified Court Reporter (ID) and Notary Public in and for the State of South Carolina.

| Printed Page 3950, Mar. 30 | Printed Page 3970, Apr. 5 |
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