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, in the 8th century before Christ, the prophet Isaiah preached for nearly 50 years... and in the 53rd chapter of his book we read (vv. 4-5):
"Surely He hath borne our griefs, and
carried our sorrows; yet we did esteem
Him stricken, smitten of God, and afflicted...
and WITH HIS STRIPES WE ARE HEALED."
Let us pray.
God of us all, as the Jews remember "the blood on the doorposts" of the Passover, and the Christians remember the passion of Jesus... may the deep emotions of the human spirit... anguish... hope... suffering... betrayal... redemption... so quicken our minds and hearts that we may celebrate anew the ETERNAL LOVE OF GOD for a wayward humanity.
Help us to manage our moods with creative faith and master our temptations with confident renewal which is the overflow of hearts filled with the LIVING PRESENCE... in the Name of the Redeemer of whom Isaiah prophesied.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received and referred to the appropriate committee for consideration:
Document No. 1633
Promulgated by Public Service Commission
Notice of Filing for Motor Carriers
Received by Lt. Governor April 1, 1993
Referred to Senate Committee on Transportation
120 day review expiration date March 8, 1994
The following was received:
Document No. 1620
Promulgated by Board of Examiners for Nursing Home Administrators and Community Residential Care Facility Administrators
Licensing of Nursing Home and Community Residential Care Facility Administrators
Received by Lt. Governor March 17, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date February 21, 1994
Withdrawn and resubmitted April 6, 1993
At 12:45 P.M., Senator GLOVER requested a leave of absence until 1:45 P.M.
Senator McCONNELL rose to a Point of Personal Interest.
Columbia, S.C., April 7, 1993
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: A BILL TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 645 -- Senator Short: A SENATE RESOLUTION CONGRATULATING THE CHESTER HIGH SCHOOL LADY CYCLONES ON WINNING THE 1993 GIRLS BASKETBALL STATE CHAMPIONSHIP.
The Senate Resolution was adopted.
S. 646 -- Senators Elliott, Rankin, Greg Smith, Leventis and Saleeby: A CONCURRENT RESOLUTION TO REQUEST THE FEDERAL HIGHWAY ADMINISTRATION TO EXPAND THE NATION'S INTERSTATE LINKAGE TO INCLUDE THE CONSTRUCTION OF INTERSTATE I-73 FROM DETROIT, MICHIGAN, SOUTHEASTERLY THROUGH OHIO, WEST VIRGINIA, NORTH CAROLINA, AND THE COASTAL SECTIONS OF SOUTH CAROLINA.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 647 -- Senator Passailaigue: A JOINT RESOLUTION TO PROVIDE FOR THE MANNER IN WHICH A REFUND IS MADE PURSUANT TO A CLAIM RESULTING FROM THE DECISION OF THE UNITED STATES SUPREME COURT IN DAVIS V. MICHIGAN, AS THAT DECISION MAY APPLY TO THE INDIVIDUAL INCOME TAX LAWS OF THIS STATE.
Read the first time and referred to the Committee on Finance.
S. 648 -- Senator Saleeby: A BILL TO AMEND ARTICLE 3, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-345 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH TEMPORARY CERTIFICATES OF NUMBER MAY BE ISSUED FOR WATERCRAFT; TO AMEND CHAPTER 23, TITLE 50 OF THE 1976 CODE BY ADDING SECTION 50-23-65 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A MARINE DEALER PERMIT IS INVALID; TO AMEND SECTION 50-21-10, RELATING TO DEFINITIONS PERTAINING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, SO AS TO PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES PERTAINING TO THE OPERATION OF WATERCRAFT, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 50-21-320, RELATING TO THE NUMBERING OF VESSELS, SO AS TO REVISE THE EXEMPTION FOR WATERCRAFT WITH A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-370, RELATING TO THE TERM AND RENEWAL OF CERTIFICATES OF NUMBER, SO AS TO PROVIDE FOR THE ISSUANCE OF A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES AND TO PERSONS REPAIRING WATERCRAFT OR OUTBOARD MOTORS AND PROVIDE A PENALTY FOR LATE RENEWAL; TO AMEND SECTION 50-21-380, RELATING TO THE TRANSFER OF REGISTRATION OF WATERCRAFT, SO AS TO REVISE THE MONETARY AND TIME REQUIREMENTS FOR TRANSFER AND PROVIDE FOR USE OF A TEMPORARY CERTIFICATE OF NUMBER; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A VESSEL, SO AS TO DELETE THE REFERENCES TO DESTRUCTION, ABANDONMENT, AND SECURITY INTEREST, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND REQUIRE NOTIFICATION IF A WATERCRAFT IS ABANDONED, JUNKED, DESTROYED, OR USED IN ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, RELATING TO DEFINITIONS PERTAINING TO THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE THE DEFINITION OF "DEALER'S PERMIT" AND PROVIDE ADDITIONAL DEFINITIONS; TO AMEND SECTION 50-23-60, RELATING TO APPLICATIONS FOR CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO REVISE REQUIREMENTS FOR TITLING, CHANGE REFERENCES FROM DIVISION TO DEPARTMENT, AND PROVIDE EXCEPTIONS FOR PERMITTED MARINE DEALERS; TO AMEND SECTION 50-23-170, RELATING TO WATERCRAFT AND OUTBOARD MOTOR SERIAL NUMBERS, SO AS TO PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION OR SERIAL NUMBERS AND PROVIDE FOR AUTHORIZATION BY THE COMMANDANT OF THE UNITED STATES COAST GUARD; TO AMEND SECTION 50-23-190, RELATING TO UNLAWFUL ACTS PERTAINING TO WATERCRAFT, SO AS TO INCLUDE IN CERTAIN PROHIBITIONS POSSESSION AS WELL AS OPERATION OF WATERCRAFT ON THE WATERS OF THIS STATE; TO AMEND SECTION 50-23-200, RELATING TO UNLAWFUL ACTS PERTAINING TO CERTIFICATES OF TITLE AND SERIAL NUMBERS FOR WATERCRAFT, SO AS TO DELETE THE PROHIBITION ON THE USE OF FALSE INFORMATION IN A CERTIFICATE OR BILL OF SALE AND PROVIDE REQUIREMENTS FOR HULL IDENTIFICATION NUMBERS; TO AMEND SECTION 50-23-205, RELATING TO SEIZURE AND DISPOSAL OF WATERCRAFT, SO AS TO PROVIDE NOTIFICATION REQUIREMENTS UPON SEIZURE WHEN THE OWNER IS DETERMINED AND PROVIDE FOR FORFEITURE; TO AMEND SECTION 50-23-270, RELATING TO THE REQUIREMENTS APPLICABLE TO VESSELS AND OUTBOARD MOTORS, SO AS TO REVISE THE PROHIBITION ON MAKING FALSE STATEMENTS ON DOCUMENTS SUBMITTED TO THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AND REVISE PENALTIES; AND TO AMEND SECTION 50-23-280, RELATING TO PENALTIES PERTAINING TO WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE PENALTIES FOR DEALERS AND PERSONS WHO SUBMIT FRAUDULENT CHECKS TO THE DEPARTMENT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 649 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 36 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COUNTY OR REGION OF COUNTIES REPRESENTING A CERTAIN GEOGRAPHICAL AREA OF THE STATE AND TO PROVIDE FOR THE DISTRIBUTION OF FEES.
Read the first time and referred to the Committee on Transportation.
S. 650 -- Medical 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 1597, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 651 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO REPLACING ALL EXISTING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 652 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO LICENSE AND FEES TO PRACTICE PODIATRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 653 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 654 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 655 -- Senator Drummond: A BILL TO PROVIDE A PROCEDURE FOR PRIOR NOTIFICATION AND PUBLIC MEETINGS ON RATE CHANGES BY A UTILITY COMPANY OPERATING IN THIS STATE WHICH IS NOT GOVERNED BY THE PUBLIC SERVICE COMMISSION AS TO ITS RATES, AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.
Read the first time and ordered placed on the Calendar without reference.
S. 657 -- Senators Waldrep and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE A PROCEDURE BY WHICH A COUNTY MAY CREATE A COUNTY HUMAN RESOURCES COMMISSION AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.
Senator WALDREP spoke on the Bill.
Read the first time and on motion of Senator WALDREP, with unanimous consent, ordered placed on the Calendar without reference.
On motion of Senator WALDREP, S. 657 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 3783 -- Reps. Martin, Worley, Keegan, Kelley and Witherspoon: A CONCURRENT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA, UNTIL BETTER ACCESS CAN BE PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.
Whereas, the Grand Strand area provides a disproportionate share of state revenue due to the collection of sales tax, accommodations taxes, and other revenue-raising measures from more than ten million tourists visiting the area each year, contributing substantially to the state's economy and to state tourism-generated tax revenues totalling $249,700,000; and
Whereas, the continued growth of this revenue for the State is being threatened by the lack of sufficient and adequate access on the highways of this State to the Grand Strand area and where the sister states of North Carolina and Georgia are providing direct access to beach tourist areas;
and
Whereas, delays are now extremely common in all the areas leading into the Grand Strand area, causing frustration and decisions not to return to the Grand Strand area for a vacation by out-of-state tourists; and
Whereas, even if projects to improve access to the Grand Strand area are expedited, there still will be a substantial delay until these improvements are completed; and
Whereas, more than forty thousand South Carolinians are employed in the Grand Strand's tourism industry, which accounts for nearly forty percent of said industry; and
Whereas, the continued growth of employment and this revenue for the State is being threatened by lack of sufficient and adequate access on highways of this State to the Grand Strand area; and
Whereas, it is essential that the State take all steps possible to upgrade traffic control into the Grand Strand area under the existing highway conditions. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Department of Highways and Public Transportation be directed to provide immediately traffic control support to the Grand Strand area. This shall include, but not be limited to, additional highway patrolmen during the busiest hours of access and departure from the Grand Strand area, coordination of traffic signal mechanisms to make the flow of traffic as efficient as possible on existing highways, and any short-term improvements necessary to assist in reducing the congestion in and around the Conway area, and other areas of access to the Grand Strand.
Be it further resolved that the members of the General Assembly of the State of South Carolina, by this resolution, direct the South Carolina Department of Highways and Public Transportation to provide additional traffic control support to the Grand Strand area, until better access can be provided through the construction and improvement of the highway system serving the Grand Strand area.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation, the Governor, and the Chairman of the State Development Board.
Read the first time and referred to the Committee on Transportation.
H. 3843 -- Reps. Gonzales, G. Bailey, Whipper, Hallman, Inabinett, H. Brown, Fulmer, Harrell, Holt, Barber, Hutson, J. Bailey, Law, R. Young, Wofford, Breeland and Williams: A CONCURRENT RESOLUTION TO DIRECT THE GOVERNOR TO CONTRIBUTE ONE HUNDRED THOUSAND DOLLARS TO FURTHER THE EFFORTS OF THE TRIDENT CHAMBER OF COMMERCE REGARDING THE CLOSURE OR ALIGNMENT OF FEDERAL MILITARY INSTALLATIONS AND TO RETAIN CERTAIN OTHER FUNDS FOR FUTURE CONTINGENCIES.
Senator PASSAILAIGUE spoke on the Resolution.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3877 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JESSE REESE FANT, JR., OF ANDERSON COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3878 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF GAIL POORE HARBERT OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3884 -- Reps. McCraw and Phillips: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND STUART A. KERSEY OF CHEROKEE COUNTY FOR HIS OUTSTANDING SERVICE AS PASTOR OF CHEROKEE AVENUE BAPTIST CHURCH OF GAFFNEY.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
H. 3031 -- Rep. J. Bailey: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3058 -- Reps. Wilkins, Rogers, Huff, Jaskwhich, Graham, T.C. Alexander, Boan, Hodges, Cato, Wells and Clyborne: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Judiciary.
H. 3239 -- Rep. Snow: A BILL TO REPEAL SECTION 50-11-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING ON LAND WITHOUT CONSENT.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3257 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL QUAIL BREEDERS LICENSE, SO AS TO CHANGE THE TIME DURING WHICH A LICENSE IS EFFECTIVE.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3271 -- Reps. McKay, Jennings and Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-87 SO AS TO PROHIBIT A PERSON FROM OPERATING A VESSEL WITHIN FIFTY FEET OF ANOTHER VESSEL OR DIVER DISPLAYING A DIVER DOWN FLAG TO PROVIDE THE CONDITIONS WHICH MUST EXIST FOR THE PROHIBITION TO EXIST AND PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3276 -- Rep. Snow: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION, POSSESSION, OR SALE OF CERTAIN UNLAWFUL FISH SPECIES, SO AS TO INCLUDE RUDD (SCARDINIUS ERYTHROPHTALMU-LINNEAUS).
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3355 -- Rep. Hodges: A BILL TO AMEND SECTION 33-15-103, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN THIS STATE, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION FOR THE CERTIFICATE MUST BE SIGNED BY AN ATTORNEY LICENSED TO PRACTICE IN THIS STATE.
Read the first time and referred to the Committee on Judiciary.
H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE.
Read the first time and referred to the Committee on Judiciary.
H. 3451 -- Reps. Riser, Snow, Shissias, Corning and Witherspoon: A BILL TO AMEND SECTION 46-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPERIMENTAL STATIONS FOR FARM DEMONSTRATION AND TESTING WORK, SO AS TO PROVIDE FOR THE STATIONS TO ENGAGE IN FARM RESEARCH AS AN INTEGRAL PART OF THEIR MISSION.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3493 -- Reps. Neilson, Sturkie, Holt, Hines, G. Brown, Law, Hutson, McLeod, Shissias, Littlejohn, Walker, Beatty, Canty, Davenport, Gonzales, Chamblee, Vaughn, McMahand, Allison, Rudnick, Inabinett, Barber, Stone, Fair, M.O. Alexander, Stille and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-731 SO AS TO PROVIDE FOR THE REMOVAL OF PERSONS FROM THE YOUTHFUL DRIVER CLASSIFICATION UNDER CERTAIN CIRCUMSTANCES FOR THE PURPOSES OF AUTOMOBILE INSURANCE, AND PROVIDE FOR THEIR RECLASSIFICATION AND FOR THE REFUNDING OF EXCESS PREMIUMS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3583 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-2480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPTED FROM THE REQUIREMENTS OF A FUR DEALER, BUYER, AND PROCESSOR'S LICENSE, SO AS TO INCLUDE PERMITTED PERSONS WHO OWN A FOX HUNTING ENCLOSURE UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM WILDLIFE AND MARINE RESOURCES DEPARTMENT REQUIREMENTS FOR PERSONS WHO OWN A FOX HUNTING ENCLOSED PRESERVE OR PUP TRAINING FACILITY.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.
Read the first time and referred to the Committee on Judiciary.
H. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.
Read the first time and referred to the Committee on Judiciary.
H. 3733 -- Reps. Gonzales, Hallman, Fulmer, Harrell, Hutson, J. Bailey and R. Young: A BILL TO PROVIDE PROCEDURES FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS IN THE GOVERNING BODY OF CHARLESTON COUNTY WHICH ARE NOT A PART OF A STATEWIDE SYSTEM ESTABLISHED AND PROVIDED BY A CODIFIED, GENERAL LAW OR THE CONSTITUTION OF THIS STATE.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 3801 -- Rep. Hodges: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REENACT THE PROVISIONS OF ACT 43 OF 1985 ALLOWING A BENEFICIARY RETURNING TO SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY TO CONTINUE TO RECEIVE BENEFITS UPON FILING A STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM AND TO MAKE THIS PROVISION RETROACTIVE TO ITS ORIGINAL EFFECTIVE DATE.
Read the first time and referred to the Committee on Finance.
H. 3825 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (TRIENNIAL REVIEW), DESIGNATED AS REGULATION DOCUMENT NUMBER 1565, 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. 3826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO PARR HYDROELECTRIC PROJECT FISH AND GAME MANAGEMENT AREA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1590, 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 Fish, Game and Forestry.
H. 3827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOIL CLASSIFIERS BOARD OF REGISTRATION, RELATING TO AMENDING SOIL CLASSIFIERS' REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1614, 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 Agriculture and Natural Resources.
H. 3842 -- Reps. Stuart, Koon, Riser, Spearman and Sturkie: A BILL TO PROVIDE THAT OF THE MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 ELECTED IN 1994, ONE MUST BE A RESIDENT OF THE PELION SCHOOL ATTENDANCE AREA AND ANOTHER MUST BE A RESIDENT OF THE GILBERT SCHOOL ATTENDANCE AREA, TO REQUIRE THEIR SUCCESSORS TO ALSO BE RESIDENTS OF THESE SCHOOL ATTENDANCE AREAS, AND TO AUTHORIZE THE ENTITY CHARGED WITH CONDUCTING THESE TRUSTEE ELECTIONS TO REQUIRE THAT PROOF OF RESIDENCY IN THESE ATTENDANCE AREAS AS IT CONSIDERS NECESSARY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from S.C. Bankers Association, Young Bankers Division to attend a oyster roast at the Sterling Garden Center on Tuesday, April 13, 1993, from 6:00 until 8:00 P.M.
Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue
Matthews Russell
Senator COURSON from the Committee on Invitations polled out H. 3798 favorable:
H. 3798 -- Rep. Spearman: A CONCURRENT RESOLUTION RECOGNIZING THE VALUE AND SIGNIFICANCE OF EXCELLENCE IN CRAFTSMANSHIP AND CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE THE "YEAR OF AMERICAN CRAFT: A CELEBRATION OF THE CREATIVE WORK OF THE HAND" WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Courson Peeler Wilson
Thomas Patterson Stilwell
O'Dell Passailaigue
Matthews Russell
Ordered for consideration tomorrow.
Senator WILLIAMS from the Committee on Judiciary submitted a majority favorable with amendment and Senator BRYAN a minority unfavorable report on:
S. 4 -- Senators Williams and Wilson: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS WHO ARE LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 287 -- Senators Wilson, Ryberg, Giese and Richter: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR ANY OTHER OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 323 -- Senators Moore, Wilson, Giese, Ryberg, Stilwell, Richter, Mescher and Waldrep: A BILL TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a majority favorable with amendment and Senator McCONNELL a minority unfavorable report on:
S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 401 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Senator STILWELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 434 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1595 SO AS TO PROVIDE FOR THE MAXIMUM SPACE ALLOCATION FOR GOVERNMENTAL BODIES ENTERING INTO NEW LEASES AND FOR EXCEPTIONS; TO AMEND SECTION 11-35-1510, RELATING TO METHODS OF SOURCE SELECTION UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE A REFERENCE TO SECTION 11-35-1595; AND TO AMEND SECTION 11-35-1590, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO REVISE THE REQUIREMENTS OF A GOVERNMENTAL BODY WHEN IT NEEDS TO ACQUIRE REAL PROPERTY FOR ITS OPERATIONS WHEN STATE-OWNED PROPERTY IS NOT AVAILABLE, AND TO PROVIDE FOR REGULATIONS OF THE BUDGET AND CONTROL BOARD CONCERNING PROCEDURES FOR COMPETITIVE PROPOSALS TO ENSURE THE MOST COST-EFFECTIVE PROCUREMENT OF LEASED SPACE.
Ordered for consideration tomorrow.
Senator RUSSELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.
Ordered for consideration tomorrow.
Senator McCONNELL from the Committee on Judiciary submitted a favorable with amendment report on:
S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.
Senator SALEEBY asked unanimous consent to give S. 540 a second reading with notice of general amendments, retaining its place on the Calendar.
Senator THOMAS objected.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:
S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 570 -- Senators Courson and Ryberg: A BILL TO LIMIT THE NUMBER OF BILLS AND JOINT RESOLUTIONS WHICH A MEMBER OF THE GENERAL ASSEMBLY MAY INTRODUCE AS CHIEF SPONSOR IN AN ANNUAL REGULAR SESSION OF THE GENERAL ASSEMBLY, AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:
S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable report on:
S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a favorable with amendment report on:
S. 581 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN HONORABLY DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER SUCH DISCHARGE OR SEPARATION FROM SERVICE UP TO 5:00 P.M. ON THE DAY OF THE ELECTION; AND TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTORS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS, PERSONS SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY, AND PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER MAY VOTE BY ABSENTEE BALLOT.
Ordered for consideration tomorrow.
Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Ordered for consideration tomorrow.
Senator HAYES from the Committee on Judiciary submitted a favorable report on:
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Senator J. VERNE SMITH from the Committee on Medical Affairs submitted a favorable with amendment report on:
H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable report on:
H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
Ordered for consideration tomorrow.
S. 295 -- Senator Reese: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS.
The House returned the Bill with amendments.
On motion of Senator REESE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.
The House returned the Bill with amendments.
On motion of Senator MOORE, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 633 -- Senator McConnell: A CONCURRENT RESOLUTION SALUTING THE HONORABLE WILLIAM W. WALKER, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES FROM CHARLESTON COUNTY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED PUBLIC SERVICE TO THE CITIZENS OF CHARLESTON COUNTY AND OF THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 634 -- Senator Wilson: A CONCURRENT RESOLUTION CONGRATULATING TROOPER FIRST CLASS WILLIAM LOWELL HERRINGTON, JR., OF COLUMBIA, ON BEING SELECTED AS THE "SOUTH CAROLINA HIGHWAY TROOPER OF THE YEAR" FOR 1992 BY THE SOUTH CAROLINA PETROLEUM COUNCIL.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 35 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 55, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-695, RELATING TO SEPTIC TANKS IN COUNTIES WITH A CITY OF A POPULATION OVER 70,000 PERSONS, SO AS TO REQUIRE SEPTIC TANKS THAT HAVE BEEN PERMANENTLY DISCONNECTED FROM RESIDENTIAL DWELLINGS OR COMMERCIAL ESTABLISHMENTS TO BE DRAINED AND FILLED AND TO PROHIBIT EXPANSION OF EXISTING STRUCTURES OR NEW CONSTRUCTION OVER SEPTIC TANKS THAT HAVE NOT BEEN DRAINED AND FILLED.
S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
S. 348 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.
S. 626 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL BUILDERS COMMISSION, RELATING TO RESIDENTIAL BUILDERS AND RESIDENTIAL SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1526, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
Senator ROSE 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 the adoption of the amendment proposed by the Committee on Judiciary and previously printed in the Journal of April 6, 1993.
Senator ROSE spoke on the committee amendment.
Senator ROSE moved to lay the committee amendment on the table.
The committee amendment was laid on the table.
There being no further amendments, the Bill was read the third time and ordered sent to the House.
S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Senator ROSE asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator ROSE explained the Resolution.
There being no further amendments, the Resolution was read the third time and ordered sent to the House.
The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
H. 3787 -- Rep. Walker: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.
On motion of Senator REESE, H. 3787 was ordered to receive a third reading on Thursday, April 8, 1993.
S. 641 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 642 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 643 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 13 SO AS TO CREATE THE PEE DEE AUTHORITY, AND PROVIDE FOR THE AUTHORITY'S MEMBERSHIP, POWERS, AND DUTIES AND RELATED MATTERS.
S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
Senator ROSE 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 the adoption of the amendment proposed by the Committee on Corrections and Penology.
The Corrections and Penology Committee proposed the following amendment (DKA\4517AL.93), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.
The Medical Affairs Committee proposed the following amendment (436\11220AC.93), which was adopted:
Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5 and inserting:
/SECTION 3. Title 44 of the 1976 Code is amended by adding:
Section 44-113-10. This chapter may be cited as the `Provider Self-Referral Act of 1993'.
Section 44-113-20. As used in this chapter:
(1) `Board' means any of the boards created pursuant to Title 40, as amended, to license, certify, or register health care professionals.
(2) `Comprehensive rehabilitation services' means services that are provided by health care professionals licensed under Chapter 36, Chapter 45, or Chapter 67 of Title 40 to provide speech, occupational, or physical therapy services on an outpatient or ambulatory basis.
(3) `Department' means the South Carolina Department of Health and Environmental Control.
(4) `Designated health services' means any health care procedure, service, or item provided by a health care provider.
(5) `Entity' means an individual, partnership, firm, corporation, or other business entity.
(6) `Fair market value' means value in arms length transactions, consistent with the general market value, and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee.
(7) `Health care facility' means a health care facility as defined in Section 44-7-130(1O).
(8) `Health care provider', `provider', or `health care professional' means a person licensed, certified, or registered under the laws of this State to provide health care services.
(9) `Immediate family member' means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling.
(10) `Investment interest' means an equity or debt security issued by an entity, including, except as provided below, but not limited to, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, other equity interests, or debt instruments. The following investment interests are excepted from this definition:
(a) an investment interest in an entity that is the sole provider of designated health services in a rural area; or
(b) an investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value;
(c) an investment interest in an entity which owns or leases and operates a hospital or a nursing home facility licensed under Title 44, Chapter 7;
(d) an investment interest acquired before June 15, 1993;
(e) an investment interest in an entity which provides health care services pursuant to a health services network.
(11) `Investor' means a person or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, but not limited to, through an immediate family member, trust, or corporation, the stock of which is owned in whole or in part by the investor or another entity related to the investor.
(12) `Referral' means a referral of a patient by a health care provider for health care services, including, but not limited to:
(a) the forwarding of a patient by a health care provider to another health care provider or to an entity outside the health care professional's office or group practice which provides or supplies designated health services or any other health care item or service; or
(b) the request or establishment of a plan of care by a health care provider, which includes the provision of a designated health service or any other health care item or service outside the health care professional's office or group practice.
(13) `Rural area' means a county with a population of one hundred thousand persons or less according to the latest United States census.
(14) `Group practice' means a group of two or more health care professionals legally organized as a partnership, professional corporation, not-for-profit corporation, faculty practice plan, or similar association in which:
(a) each health care professional who is a member, employee, or independent contractor of the group provides substantially the full range of services which the professional routinely provides, including consultation, diagnosis, and treatment through the use of office space, facilities, equipment, and personnel of the group;
(b) substantially all of the services of the health care professionals who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and
(c) the overhead expenses of and the income from the practice are distributed by methods previously determined by the group.
(15) `Office practice' means the facility or facilities at which a health care professional, on an ongoing basis, provides or supervises the provision of health services to individuals.
Section 44-113-30. (A) Except as provided in this section and other provisions of this chapter, a health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider is an investor or has an investment interest. However, this prohibition does not apply to:
(1) an investment interest where the health care professional directly provides the health care services within the entity or will be personally involved in the provision, supervision, or direction of care to the referred patient.
(2) the provider's investment interest is in registered securities purchased on a national exchange or over-the-counter market and issued by a publicly-held corporation:
(a) whose shares are traded on a national exchange or on the over-the-counter market; and
(b) whose total assets at the end of the corporation's most recent fiscal quarter exceeded fifty million dollars; or
(3) with respect to an entity other than a publicly-held corporation described in subsection (A)(2) and a referring provider's investment interest in the entity, each of the following requirements are met:
(a) no more than fifty percent of the value of the investment interests are held by investors who are in a position to make referrals to the entity;
(b) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are no
different from the terms offered to investors who are not in a position to make referrals;
(c) the terms under which an investment interest is offered to an investor who is in a position to make referrals to the entity are not
related to the previous or expected volume of referrals from that investor to the entity;
(d) there is no requirement that an investor make referrals or be in a position to make referrals to the entity as a condition for becoming or remaining an investor;
(B) With respect to an entity or to a publicly-held corporation in subsection (A)(2):
(1) the entity or corporation does not lend funds to or guarantee a loan for an investor who is in a position to make referrals to the entity or corporation if the investor uses any part of the loan to obtain the investment interest;
(2) the amount distributed to an investor representing a return on the investment interest is directly proportional to the amount of the capital investment, including the fair market value of preoperational services rendered in the entity or corporation by that investor.
(C) No claim for payment may be presented by an entity to an individual, third party payor, or other entity for a service furnished pursuant to a referral prohibited under this section.
(D) If an entity collects any amount that was billed in violation of this section, the entity shall refund the amount on a timely basis to the payor or individual, whichever is applicable.
(E) A health care provider who makes a referral prohibited by this section or who fails to disclose information required by Section 44-113-40(A) or presents or causes to be presented a bill or a claim for services that the health care provider knows or should know is for a service for which payment may not be made under subsection (C) or for which a refund has not been made under subsection (D) is subject to a civil penalty of not more than five thousand dollars for each such service to be imposed and collected by the appropriate board.
(F) A health care provider or other entity that enters into an arrangement or scheme which the physician or entity knows or should know has a principal purpose of assuring referrals by the physician to a particular entity which, if the physician directly made referrals to the entity would be in violation of this section, is subject to a civil penalty of not more than twenty-five thousand dollars for each circumvention arrangement or scheme to be imposed and collected by the appropriate board.
(G) A violation of this section by a health care provider constitutes grounds for disciplinary action to be taken by the applicable board. A hospital licensed under Title 44, Chapter 7 found in violation of this section is subject to the regulations promulgated by the department.
(H) A hospital licensed under Title 44, Chapter 7 that discriminates against or otherwise penalizes a health care provider for compliance with this chapter is subject to a civil penalty of not more than one hundred thousand dollars to be imposed and collected by the department.
(I) Each board, and in the case of hospitals, the department, shall encourage the use by licensees of an advisory opinion procedure to determine the applicability of this section or any regulation promulgated pursuant to this section as it applies solely to the licensee.
Section 44-113-40. (A) A health care provider may refer a patient to an entity in which the health care provider is an investor if the referral is permitted under Section 44-113-20(10)(d) or Section 44-113-30(A)(3) if before the referral the provider furnishes the patient with a written disclosure form informing the patient of:
(1) the existence of the investment interest;
(2) the name and address of each applicable entity to which a referral is made in which the referring health care provider is an investor;
(3) the patient's right to obtain the item or services for which the patient has been referred at the location or from the provider or supplier of the patient's choice, including the entity in which the referring provider is an investor;
(4) the name and addresses of at least two alternative sources of these items or services available to the patient;
(5) a schedule of typical fees for items or services usually provided by the entity or, if impracticable because of the nature of the treatment, a written estimate specific to the patient.
(B) The referring provider must obtain the patient's signature that the information required under subsection (A) has been provided to the patient.
Section 44-113-50. The results of an action taken by the respective boards pursuant to this chapter must be reported promptly to the department with a full description of the proceedings.
Section 44-113-60. (A) As used in this section, the term `kickback' means a remuneration or payment back pursuant to an investment interest, compensation arrangement, or otherwise by a provider of health care services or items of a portion of the charges for services rendered to a referring health care provider as an incentive or inducement to refer patients for future services or items when the payment is not tax deductible as an ordinary and necessary expense.
(B) It is unlawful for a health care provider or a provider of health care services to offer, pay, solicit, or receive a kickback, directly or indirectly, overtly or covertly, in cash or in kind, for referring or soliciting patients.
(C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than 30 days.
Section 44-113-70. Any employer providing health insurance benefits to its employees may report instances of alleged over-utilization of services to the South Carolina Department of Insurance pursuant to Section 38-55-170.
Section 44-113-80. A health care professional permitted under Section 44-113-20(10)(d) to make referrals to an entity in which the health care professional has an investment interest must submit information to the department, including the professional's name, name of the entity, and the percentage of the health care professional's ownership."
SECTION 4. This act takes effect upon approval by the Governor and applies to referrals for designated health services or any other health care item or service made on or after this act's effective date. However, the written disclosure requirements in Section 44-113-40 take effect thirty days after approval by the Governor. With respect to an investment interest acquired before June 15, 1993, this act does not apply except the disclosure requirements of Sections 44-113-40 and 44-113-90, as added by Section 3 of this act, apply./
Amend title to conform.
Senator THOMAS explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 3763 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS FOR FIFTY YEARS OF OUTSTANDING SERVICE AS AN ADVOCATE OF SMALL BUSINESS AND TO DECLARE THE WEEK OF JUNE 27, 1993, AS "NATIONAL FEDERATION OF INDEPENDENT BUSINESS WEEK" IN SOUTH CAROLINA.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator LEVENTIS asked unanimous consent to make a motion that at the conclusion of the Joint Assembly, the Senate stand adjourned.
Senator STILWELL objected.
At 12:00 P.M., the Senate receded for the purpose of attending the Joint Assembly.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 3705 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 7, 1993, AS THE TIME FOR ELECTING MEMBERS TO THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, AND WINTHROP UNIVERSITY TO FILL UNEXPIRED TERMS ON THOSE BOARDS BECAUSE OF VACANCIES WHICH EXIST.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Lander University from the Third Congressional District, Seat #5.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. William G. "Bill" Stevens had been screened and found qualified.
On motion of Rep. Sharpe, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable William G. "Bill" Stevens was duly elected to the Board of Trustees for Lander University from the Third Congressional District, Seat #5, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Winthrop University.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Robert L. Thompson, Jr. had been screened and found qualified.
On motion of Rep. Waldrop, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Robert L. Thompson, Jr. was duly elected to the Board of Trustees for Winthrop University for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Clemson University.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Ms. Darra Cothran, Mr. Charles E. Dalton, Ms. Patricia H. "Patti" McAbee, and Mr. John Q. Adams, III, had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. John Q. Adams, III, was withdrawn from consideration.
On motion of Senator MARTIN, on behalf of the Pickens Delegation, the name of Mr. Charles E. Dalton was withdrawn from consideration.
Rep. Boan nominated Ms. McAbee.
Rep. Carnell, on behalf of the Greenwood Delegation, and Reps. Waldrop, J. Wilder, Rhoad, Beatty, J. Harris, Harvin, Scott, R. Smith, Whipper, Keyserling, Mattos, Chamblee, White, Cobb-Hunter, Inabinett, Wilkes, Holt, P. Harris, Neal, Tucker, and Govan and Senators O'DELL, CORK, MOORE, WASHINGTON and McGILL seconded the nomination of Ms. McAbee.
Senator LEVENTIS nominated Ms. Cothran.
Reps. Littlejohn, Baxley, Fulmer, Walker, Wright, Kelley, G. Brown, Riser, Corning, Witherspoon, Allison, D. Smith, Moody-Lawrence, Lanford, Marchbanks, Hallman, Worley, Thomas, Canty, and Harrell and Senators RANKIN, GIESE, RUSSELL, WILLIAMS, RYBERG, JACKSON, MESCHER, ROSE and ELLIOTT seconded the nomination.
Rep. Stoddard moved that the nominations be closed.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Ms. Cothran:
Courson Elliott Giese
Glover Hayes Jackson
Lander Leventis Martin
McConnell Mescher Passailaigue
Patterson Rankin Richter
Rose Russell Ryberg
Setzler Short Smith, G.
Stilwell Thomas Williams
Wilson
The following named Senators voted for Ms. McAbee:
Bryan Cork Courtney
Gregory Land Leatherman
Macaulay Matthews McGill
Mitchell Moore O'Dell
Peeler Reese Saleeby
Smith, J.V. Waldrep Washington
On motion of Rep. Carnell, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Cothran:
Allison Askins Baxley
Brown, J. Canty Corning
Cromer Fulmer Gonzales
Graham Hallman Harrell
Harrelson Houck Hutson
Kelley Kirsh Koon
Lanford Littlejohn Marchbanks
Martin Moody-Lawrence Quinn
Richardson Riser Robinson
Shissias Simrill Smith, D.
Stille Stuart Thomas
Waites Walker Wells
Witherspoon Worley Wright
Young, A.
The following named Representatives voted for Ms. McAbee:
Alexander, M.O. Alexander, T.C. Anderson
Bailey, G. Bailey, J. Baker
Barber Beatty Boan
Breeland Brown, G. Brown, H.
Byrd Carnell Cato
Chamblee Clyborne Cobb-Hunter
Cooper Delleney Fair
Farr Felder Gamble
Govan Harris, J. Harris, P.
Harrison Harvin Harwell
Haskins Hines Hodges
Holt Huff Inabinett
Jennings Keegan Kennedy
Keyserling Kinon Klauber
Law Mattos McAbee
McCraw McKay McLeod
McTeer Meacham Neal
Neilson Phillips Rhoad
Rogers Rudnick Scott
Sharpe Sheheen Smith, R.
Snow Spearman Stoddard
Stone Sturkie Townsend
Trotter Tucker Vaughn
Waldrop Whipper White
Wilder, D. Wilder, J. Wilkes
Wilkins Wofford Young, R.
Total Number of Senators voting 43
Total Number of Representatives voting 118
Grand Total 161
Necessary to a choice 81
Of which Ms. Cothran received 65
Of which Ms. McAbee received 96
Whereupon, the PRESIDENT announced that Honorable Patricia H. "Patti" McAbee, having received a majority of the votes cast, was duly elected to the Board of Trustees for Clemson University for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Francis Marion University from the Second Congressional District, Seat #3.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. James R. Courie and Mr. Terry Williams had been screened and found qualified.
Rep. Stoddard nominated Mr. Williams.
Rep. Cromer nominated Mr. James R. Courie.
Rep. Stoddard moved that the nominations be closed.
The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.
The following named Senators voted for Mr. Courie:
Bryan Cork Courtney
Elliott Giese Glover
Gregory Jackson Land
Lander Leventis Macaulay
Martin Matthews McConnell
McGill Mescher Mitchell
Moore O'Dell Patterson
Peeler Rankin Reese
Richter Ryberg Saleeby
Setzler Short Smith, G.
Smith, J.V. Stilwell Waldrep
Williams Wilson
The following named Senators voted for Mr. Williams:
Courson Leatherman Passailaigue
On motion of Rep. Carnell, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Courie:
Alexander, M.O. Alexander, T.C. Allison
Anderson Askins Bailey, G.
Bailey, J. Baker Barber
Baxley Beatty Boan
Breeland Brown, G. Brown, H.
Brown, J. Byrd Carnell
Cato Clyborne Cobb-Hunter
Cooper Corning Cromer
Delleney Fair Farr
Felder Fulmer Gamble
Gonzales Govan Hallman
Harrell Harrelson Harris, J.
Harris, P. Harvin Harwell
Hines Hodges Holt
Houck Huff Hutson
Inabinett Jennings Kennedy
Keyserling Kinon Kirsh
Klauber Lanford Law
Littlejohn Martin Mattos
McAbee McCraw McKay
McLeod McTeer Meacham
Moody-Lawrence Neal Neilson
Phillips Quinn Richardson
Riser Rogers Rudnick
Scott Sharpe Sheheen
Shissias Simrill Smith, D.
Smith, R. Snow Spearman
Stille Stoddard Stone
Stuart Sturkie Thomas
Vaughn Waites Waldrop
Walker Wilder, D. Wilder, J.
Wilkes Wilkins Witherspoon
Wofford Worley Wright
Young, A. Young, R.
The following named Representatives voted for Mr. Williams:
Graham Harrison Keegan
Trotter
Total Number of Senators voting 38
Total Number of Representatives voting 105
Grand Total 143
Necessary to a choice 72
Of which Mr. Courie received 136
Of which Mr. Williams received 7
Whereupon, the PRESIDENT announced that the Honorable James R. Courie, having received a majority of the votes cast, was duly elected to the Board of Trustees for Francis Marion University from the Second Congressional District, Seat #3, for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared the Joint Assembly duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:45 P.M., the Senate resumed.
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
Senator J. VERNE SMITH 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 the third reading of the Bill.
Senator J. VERNE SMITH proposed the following amendment (496R002.JVS), which was adopted:
Amend the bill, as and if amended, page 2, by striking SECTION 2 in its entirety and inserting in lieu thereof the following:
/ SECTION 2. Section 12-43-220(c) of the 1976 Code, as last amended by Act 361 of 1992, is further amended by adding at the end:
"Notwithstanding any other provision of law, a taxpayer may make application for a refund of property taxes paid when the property could have been taxed at the legal residence assessment ratio, as is provided for above. Such application must be made in accordance with Code Sections 12-47-70, 12-47-80, and 12-47-90. The taxpayer must establish that the property in question was in fact his legal residence. A county council may, by ordinance, allow refunds for the county government portion of property taxes for such additional past years as it determines advisable."/
Amend title to conform.
Senator J. VERNE SMITH spoke on the amendment.
Senator SALEEBY proposed the following amendment (JIC\5759HC.93):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220(c) of the 1976 Code, as last amended by Act 361 of 1992, is further amended by adding a paragraph at the end to read:
"A taxpayer receiving the four percent assessment ratio provided in this item for the taxpayer's legal residence is entitled to a four percent assessment ratio on one additional parcel of residential real estate owned by the taxpayer used exclusively as the taxpayer's second home if the taxpayer has never rented the property. The ratio applies to this second home in the same manner that it applies to the taxpayer's legal residence, including the time and method of applying for the ratio. The commission shall prescribe a form to be filed with the county assessor for a taxpayer claiming the second home four percent assessment ratio."/
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY spoke on the amendment.
Senator PASSAILAIGUE raised the Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senators PASSAILAIGUE and SALEEBY spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator PASSAILAIGUE objected to further consideration of the Bill.
Subsequent to the close of the debate on S. 496, it was observed to me that there was the possibility that an inference could be drawn that my amendment was subject to question under certain provisions of the Ethics Act. My reaction at this suggestion was one of surprise and confusion. The circumstances which give rise to the issue treated under the amendment are real and affect many, many citizens of South Carolina. I related the impact of the amendment to my personal situation for the purpose of illustration. Any inference that my comments were intended to petition the Senate for a singular or personal benefit could not be further from reality. In order to avoid the mere suggestion that there may be some question of this action, I intend to withdraw the amendment if the Senate will so consent.
Senator WILLIAMS asked unanimous consent to make a motion that when the Senate adjourns on Thursday, April 8, 1993, that it stand adjourned to meet at 11:00 A.M. in Statewide Session on Friday, April 9, 1993, and at 11:00 A.M. on Monday, April 12, 1993, exclusively for the purposes of readings of any local legislation or statewide legislation which has previously been ordered to a reading by unanimous consent of the Senate and for the purpose of determining the status of Bills on the Calendar under certain Rules of the Senate.
At 1:15 P.M., on motion of Senator J. VERNE SMITH, the Senate adjourned to meet tomorrow at 11:00 A.M.
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