Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the New Revised Standard Version of The Gospel of St. John, Chapter 7 (vv.15,16):
"The Jews were astonished, saying
'How does this man have such learning,
when He has never been taught?'
Then Jesus answered, 'My teaching is not
mine but His who sent me. Anyone who
resolves to do the will of God will
know whether the teaching is from God'!"
Let us pray.
O God, infinite and eternal and unchangeable, may Your Spirit brood over us, and be in each of us to quicken our minds and guide our judgments as we gather data on so many issues.
Guide us in the moral use of our powers. Teach us, good Lord, to serve You as Jesus served: to give and not to count the cost; to persevere and not to heed the wounds; to toil and not to seek for rest; to labor and not to ask for rewards, except the knowledge that we seek to do Your will in this place... and Yours will be the glory!
Amen.
At 11:07 A.M., on motion of Senator STILWELL, the Senate receded from business not to exceed five minutes.
At 11:15 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 3, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:
Banker:
Mr. William S. Hummers, Carolina First Bank, P.O. Box 1029, Greenville, S.C. 29602 VICE Charles A. Laffitte, Jr.
Referred to the Committee on Banking and Insurance.
Initial Appointment, South Carolina Commission for the Blind, with term to commence May 19, 1993, and to expire May 19, 1996:
3rd Congressional District:
Mr. Horace J. McGee, 145 Summers Way, Seneca, S.C. 29678 VICE Earline Gardner (as 3rd Congressional District member)
Referred to the General Committee.
March 6, 1995
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Insurance Commission, with term to commence June 30, 1992, and to expire June 30, 1998:
5th Congressional District:
Ms. Sara B. Ratcliff, 259 South Downs Way, Fort Mill, S.C. 29715 VICE Connie P. Morton (deceased)
Referred to the Committee on Banking and Insurance.
(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
March 7, 1995
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 334, R. 3, an Act:
TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:
The act bearing ratification number 3 of 1995 would amend Article 1, Chapter 31, Title 3, S.C. Code Ann., relating to nonprofit corporations, so as to authorize the former board of directors of a dissolved nonprofit corporation or eleemosynary organization located in Florence County to distribute the remaining assets of the organization and to set an effective date by which the action is to be taken lest the property escheat to the State. No reason appears within the act (i.e., by legislative findings or otherwise) as to the need for such a law applicable only to Florence County. Article III, Sections 34 (IX) and (X) of the State Constitution prohibit local or special laws and particularly provide that where a general law can be made applicable, no special law shall be enacted and further direct the General Assembly to adopt general laws uniform in their operation. (Citation omitted.) The South Carolina Nonprofit Corporation Act, Act No. 384 of 1994, contains general laws concerning dissolution of nonprofit corporations and distribution of assets.
For the above reasons, I am returning S. 334, R. 3, without my signature.
Sincerely,
David M. Beasley
Governor
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.
March 7, 1995
Mr. President and Members of the Senate:
I am hereby returning without my approval S. 474, R. 11, an Act:
TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.
This veto is based upon my concern that the process by which the General Assembly has closed this road may be potentially unfair. While perhaps not in the specific legislation involved herein, road closings accomplished by such means have the potential to be unfair to interested citizens, particularly in cases where the road closing is not supported by all abutting property owners.
My concern is that S. 474, R. 11 vitiates the protection afforded the public pursuant to Title 57, Chapter 9 of the Code of Laws of South Carolina, 1976. Specifically, the provisions of Chapter 9 require adequate public notice and an opportunity for public hearing before a road can be closed. Because this Act circumvents the statutory process, the safeguards which serve to protect the public would no longer be effective.
For these reasons, I veto S. 474, R. 11.
Sincerely,
David M. Beasley
Governor
The veto of the Governor was taken up for immediate consideration.
Senator HOLLAND moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Holland Jackson Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Stilwell Thomas Waldrep Washington Williams Wilson
NAYS
TOTAL--0
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
On motion of Senator McCONNELL, with unanimous consent, Senators McCONNELL, MOORE, SALEEBY and RUSSELL were granted leave to attend the Judicial Screening Committee meeting, to be counted in any quorum calls, and if any roll call votes were taken, were granted leave to vote from the balcony.
Senator HOLLAND introduced Dr. John Dubose of Camden, S.C., Doctor of the Day.
S. 283 -- Senators Mitchell and Washington: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 120 SO AS TO ENACT THE "MEDICAL SAVINGS ACCOUNT ACT".
Senator LEATHERMAN asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator LEATHERMAN, with unanimous consent, the Bill was committed to the Committee on Finance.
H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.
Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.
There was no objection.
On motion of Senator COURSON, with unanimous consent, the Resolution was adopted and ordered returned to the House.
The following were introduced:
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
Read the first time and ordered placed on the Calendar without reference.
S. 629 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO VIOLATIONS, PENALTIES, AND BONDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1778, 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. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.
Whereas, Amtrak is energy efficient and environmentally beneficial, consuming about half as much energy per passenger mile as airlines and causing less air pollution; and
Whereas, Amtrak provides mobility to citizens of many smaller communities poorly served by air and bus services, as well as to those senior citizens, disabled people, students, and persons with medical conditions preventing them from flying who need trains as a travel option; and
Whereas, Amtrak is nine times safer than driving on a passenger-mile basis and operates even in severe weather conditions; and
Whereas, Amtrak travel rose forty-eight percent from 1982 to 1993 and Amtrak dramatically improved coverage of its operating costs from revenues; and
Whereas, expansion of Amtrak service by using existing rail rights-of-way would cost less and use less land than new highways and airports and would further increase Amtrak's energy-efficiency advantage; and
Whereas, federal investment in Amtrak has fallen in the last decade while it has risen for airports and highways; and
Whereas, states may use highway trust fund money as an eighty percent federal match for a variety of nonhighway programs, but they are prohibited from using such monies for Amtrak projects; and
Whereas, Amtrak pays a fuel tax that airlines do not pay; and
Whereas, Amtrak workers and vendors pay more in taxes than the federal government invests in Amtrak. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Congress is urged not to reduce federal funding of Amtrak.
Be it further resolved that Amtrak be excused from paying fuel taxes that airlines do not pay.
Be it further resolved that states be given the flexibility to use federal highway trust fund monies on Amtrak projects if they so choose.
Be it further resolved that federal officials include a strong Amtrak system in any plans for a national transportation system.
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of South Carolina's Congressional Delegation, all at Washington, D.C.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was taken up for immediate consideration and ordered placed on the Calendar without reference.
S. 631 -- Senator Lander: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.
Whereas, the Honorable C. Lem Harper, Sr., is a graduate of Columbia High School and attended the University of South Carolina and the Extension Division Real Estate School; and
Whereas, his record exemplifies one of performance and integrity. The following positions have been achieved through hard work and dedication: he has been president of C. Lem Harper Tailoring for fifty years; he served on the South Carolina Coordinating Council for Economic Development; he is past president of the South Carolina and Columbia Junior Chamber of Commerce; he is the past president of the Southern Conference of Football Officials Association; he is a member of the Richland Sertoma Club; he has served as a potentate's aide for the Jamil Shrine Temple; he is past National Americanism Chairman of the United States Jaycees; he served in the South Carolina House of Representatives from 1967-71, and in the House he served on the Education and Public Works Committee and the Military, Public and Municipal Affairs Committee; and he was elected by the General Assembly to serve as Commissioner of the South Carolina Employment Security Commission in 1971, and has served continuously on the commission ever since; and
Whereas, Lem Harper has been an outstanding member of the Employment Security Commission and has long been an excellent and dedicated public servant; and
Whereas, he is a truly distinguished South Carolinian who has given most generously of his time and talents to the people of the Palmetto State for many years, and it would indeed be most fitting and appropriate that his services be honored by naming for him the new building at the Employment Security Commission's Columbia Complex. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests the Employment Security Commission to take the necessary steps to ensure that the new building at the offices of the commission be named for the Honorable C. Lem Harper, Sr., of Columbia.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Samuel R. Foster, Chairman of the South Carolina Employment Security Commission.
Referred to the Committee on Finance.
S. 633 -- Senator Peeler: A CONCURRENT RESOLUTION WISHING A VERY HAPPY ONE HUNDREDTH BIRTHDAY TO MRS. SALLY GRACE PONDER ALLEN OF CHEROKEE COUNTY.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3762 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING RICHARD P. "RICK" FELDER, III, OF COLUMBIA ON RECEIVING THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' DIVISION OF LAND RESOURCES AND CONSERVATION DISTRICTS 1994 OUTSTANDING DIVISION EMPLOYEE AWARD AND THE DEPARTMENT OF NATURAL RESOURCES MERITORIOUS SERVICE AWARD.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable with amendment report on:
S. 136 -- Senators Short, Courson, Hayes, Rose, Wilson and O'Dell: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, BY ADDING SECTION 43-5-585 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS FOR TWO CONSECUTIVE MONTHS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 238 -- Senators Leatherman and Elliott: A BILL TO AMEND SECTION 38-33-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, SO AS TO MAKE CHANGES TO THE DEFINITION OF "COPAYMENT" OR "DEDUCTIBLE"; TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE HEALTH MAINTENANCE ORGANIZATION ACT OF 1987, THE PROVISION THAT THE ENROLLEE IS ENTITLED TO EVIDENCE OF COVERAGE, THE CONTENTS OF THE EVIDENCE OF COVERAGE, DISCONTINUANCE OR REPLACEMENT OF COVERAGE, AND CHARGES FOR SERVICES, SO AS TO PROVIDE THAT A HEALTH MAINTENANCE ORGANIZATION THAT ISSUES A HEALTH MAINTENANCE ORGANIZATION CONTRACT WHICH REQUIRES THE ENROLLEE TO PAY A SPECIFIED PERCENTAGE OF THE COST OF COVERED HEALTH CARE SERVICES SHALL CALCULATE THOSE COPAYMENTS AND DEDUCTIBLES ON THE NEGOTIATED REDUCED RATE OF THE PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES A HEALTH MAINTENANCE ORGANIZATION FROM ISSUING A CONTRACT WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-241 SO AS TO PROVIDE THAT AN INSURER THAT NEGOTIATES REDUCED RATES WITH PROVIDERS FOR COVERED HEALTH CARE SERVICES UNDER AN INDIVIDUAL OR GROUP ACCIDENT AND HEALTH INSURANCE POLICY MUST PROVIDE THAT PERCENTAGE COPAYMENTS AND DEDUCTIBLES PAID BY THE INSURED ARE APPLIED TO THE NEGOTIATED REDUCED RATES OF THAT PROVIDER, AND PROVIDE THAT NOTHING IN THIS SECTION PRECLUDES AN INSURER FROM ISSUING A POLICY WHICH CONTAINS FIXED DOLLAR COPAYMENTS AND DEDUCTIBLES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 267 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 7, CHAPTER 3, TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGE FORECLOSURE, BY ADDING SECTION 29-3-800, SO AS TO PROVIDE THAT CONTRACTUAL PROVISIONS FOR ATTORNEY FEES IN THE AMOUNT OF A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT OF A MORTGAGE OR NOTE ARE UNCONSCIONABLE, THAT IN FORECLOSURE ACTIONS THE COURT MUST MAKE A FINDING AS TO THE REASONABLENESS OF ATTORNEY FEES NOTWITHSTANDING ANY CONTRACTUAL PROVISION THAT WOULD AWARD ATTORNEY FEES AS A SPECIFIED PERCENTAGE OF THE BALANCE DUE UPON DEFAULT, AND THAT PARTIES TO A FORECLOSURE ACTION MAY AGREE TO THE AMOUNT OF ATTORNEY FEES DUE, AND IN THE EVENT THE PARTIES REACH SUCH AN AGREEMENT, THE COURT IS NOT REQUIRED TO MAKE A FINDING AS TO THE REASONABLENESS OF THE ATTORNEY FEES.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
Ordered for consideration tomorrow.
Senator WILLIAMS from the Committee on Judiciary polled out S. 503 favorable with amendment:
S. 503 -- Senator Stilwell: A BILL TO AMEND SECTION 15-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO INCLUDE TORT ACTIONS AGAINST A DEFENDANT.
AYES
Williams Holland Saleeby McConnell Bryan Wilson Stilwell Moore Russell Courtney Cork Ford Glover Gregory Jackson Lander Martin
NAYS
TOTAL--0
NOT VOTING
TOTAL--0
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
Ordered for consideration tomorrow.
S. 633 -- Senator Peeler: A CONCURRENT RESOLUTION WISHING A VERY HAPPY ONE HUNDREDTH BIRTHDAY TO MRS. SALLY GRACE PONDER ALLEN OF CHEROKEE COUNTY.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:
S. 469 -- Senator Cork: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT BE HELD IN A SPECIAL ELECTION AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0421.002), which was adopted:
Amend the bill, as and if amended, page 1, on line 15, as contained in the title, by striking line 15 in its entirety and inserting therein the following:
/TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL/.
Amend the bill, as and if amended, page 1, beginning on line 26, in Section 4-20-20(E), as contained in SECTION 1, by striking lines 26 and 27, and inserting therein the following:
/"(E) The election must may be held on the date set for a state general election or on a date set for a special election, as determined by the county council, and/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.
The following Bill and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:
S. 624 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO APPLICATIONS FOR SELF-INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1842, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Senator STILWELL, S. 624 was ordered to receive a third reading on Friday, March 10, 1995.
S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.
S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR TO-HIRE AVIATION CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator COURTNEY asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senator COURTNEY proposed the following amendment (JUD0623.001), which was adopted:
Amend the bill, as and if amended, page 1, line 14, as contained in the title, by striking line 14 in its entirety and inserting therein the following:
/SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED/
Amend the bill further, as and if amended, page 1, line 23, as contained in SECTION 1, by striking /to-hire aviation carriers/ and inserting therein the following:
/certain for-hire motor carriers of property/ .
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Resolution was read the second time by previous unanimous consent.
Senator LEATHERMAN objected to third reading of the Resolution.
S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0272.001), which was adopted:
Amend the bill, as and if amended, page 1, line 42, in Section 7-13-190(B), as contained in SECTION 1, by striking /thirty/ and inserting therein /sixty/
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 321 -- Senator Washington: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT AN ILLUSTRATION OR A MECHANICAL MODEL MAY BE USED TO DEMONSTRATE THE MANNER OF VOTING ON THE MACHINE.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0321.001), which was adopted:
Amend the bill, as and if amended, page 2, line 16, by striking SECTION 2 in its entirety and inserting therein the following:
/SECTION 2. Section 7-13-1810 of the 1976 Code is amended to read:
"Section 7-13-1810. For the instruction of voters on any election day, there shall be provided for each polling place either an illustration or a mechanically operated model of a portion of the face of the machine. Such illustration or model shall be located on the table of one of the managers or in some other place accessible to the voters. Each voter so desiring shall, before entering the machine, be instructed regarding its operation and such instruction illustrated on either the illustration or the model and the voter given an opportunity personally to operate the model. The voter's attention may also be called to the diagram of the face of the machine so that the voter may become familiar with the location of the questions and names of the offices and candidates."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.
The Judiciary Committee proposed the following amendment (JUD0207.002), which was adopted:
Amend the bill, as and if amended, page 1, line 38, in Section 7-17-280, as contained in SECTION 1, by striking /shall/ and inserting therein /may/.
Amend title to conform.
Senator COURTNEY explained the amendment.
On motion of Senator COURTNEY, the Bill was carried over.
S. 340 -- Senator Elliott: A CONCURRENT RESOLUTION URGING THE CONGRESSIONAL DELEGATION OF THIS STATE TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION, FOR RATIFICATION BY THE STATES, SPECIFYING THAT CONGRESS AND THE STATES SHALL HAVE THE POWER, CONSISTENT WITH THE AMERICAN LEGAL SYSTEM OF FREEDOM OF EXPRESSION, TO PROHIBIT WANTON DESTRUCTION OF THE FLAG OF THE UNITED STATES OF AMERICA.
The Concurrent Resolution was adopted, ordered sent to the House.
H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.
On motion of Senator J. VERNE SMITH, the Resolution was referred to the Greenville Delegation.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 41 -- Senators Courson, Rose, Giese, Gregory, Wilson, Elliott and Richter: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 2 (JUD0041.008), proposed by Senator McCONNELL and previously printed in the Journal of Wednesday, March 1, 1995.
Senator COURSON spoke on the Bill.
With Senator COURSON retaining the floor, Senator STILWELL asked unanimous consent to make a motion that the Senate stand adjourned.
Debate was interrupted by adjournment, Senator COURSON retaining the floor.
MOTION ADOPTED
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Brig. General John A. "Jack" Crosscope, Jr., former Director of the Department of Social Services.
By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.
At 11:45 A.M., on motion of Senator STILWELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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