Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
| Printed Page 240, Jan. 13
| Printed Page 260, Jan. 17
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Printed Page 250 . . . . . Tuesday, January 17,
1995
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S. 361 -- Senators Martin, Leatherman, J. Verne Smith, Peeler, Cork, Gregory,
Drummond and Ryberg: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA,
1976,
RELATING TO INSURANCE, BY ADDING CHAPTER 78 SO AS TO ENACT THE "CONSUMER
FREEDOM
OF CHOICE IN MOTOR VEHICLE INSURANCE ACT"; TO AMEND THE 1976 CODE BY
ADDING
SECTION 38-73-1075 SO AS TO PROHIBIT AN INSURER FROM INCREASING THE PREMIUM ON
AN
AUTOMOBILE LIABILITY INSURANCE POLICY SOLELY AS A RESULT OF A CLAIM FOR AN
AUTOMOBILE
ACCIDENT FILED BY AN INSURED IF THE INSURED WAS NOT AT FAULT NOR
CONTRIBUTORILY
NEGLIGENT; TO AMEND SECTION 38-77-30, RELATING TO THE DEFINITION OF
"AUTOMOBILE
INSURANCE", SO AS TO PROVIDE FOR THE INCLUSION OF THE PERSONAL PROTECTION
POLICY
AS DEFINED IN SECTION 38-78-30(C); TO AMEND SECTION 38-77-110, RELATING TO THE
AUTOMOBILE INSURANCE LAW, THE REQUIREMENT ON INSURERS TO INSURE, AND
EXCEPTIONS, SO
AS TO EXPAND THE EXCEPTIONS WITH RESPECT TO ADDED PERSONAL PROTECTION
COVERAGE AS
DEFINED IN SECTION 38-78-30(B); TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-355
SO
AS TO PROVIDE THAT, IN A CLAIM OR ACTION FOR PERSONAL INJURY OR WRONGFUL
DEATH
ARISING OUT OF THE OWNERSHIP, OPERATION, USE, OR MAINTENANCE OF A MOTOR
VEHICLE, THE
COURT SHALL ADMIT INTO EVIDENCE THE TOTAL AMOUNT PAID TO THE CLAIMANT FROM
COLLATERAL
SOURCES AND SHALL INSTRUCT THE JURY TO DEDUCT FROM ITS VERDICT THE VALUE OF
ALL
BENEFITS RECEIVED BY THE CLAIMANT FROM COLLATERAL SOURCES; TO AMEND SECTION
38-77-280, RELATING TO COLLISION AND COMPREHENSIVE INSURANCE COVERAGE, SO AS TO
DELETE THE PROVISIONS OF THAT SECTION AND PROVIDE THAT AFTER A CERTAIN DATE
AUTOMOBILE INSURERS MAY REFUSE TO WRITE OR RENEW PRIVATE PASSENGER
AUTOMOBILE
PHYSICAL DAMAGE INSURANCE COVERAGE, INCLUDING COMPREHENSIVE PHYSICAL
DAMAGE,
COLLISION, FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE FOR AN APPLICANT OR
EXISTING
POLICYHOLDER AND THAT NO
Printed Page 251 . . . . . Tuesday, January 17,
1995
PRIVATE PASSENGER AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE MAY
BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-30, RELATING TO
AUTOMOBILE INSURANCE AND THE DEFINITION OF "DAMAGES", SO AS TO
PROVIDE THAT
THE TERM INCLUDES ACTUAL DAMAGES ONLY; TO AMEND SECTION 38-77-140, RELATING
TO
AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO
QUALIFY
"DAMAGES" AS "ACTUAL DAMAGES" AND REQUIRE AN INSURER TO
OFFER AN
INSURED A RIDER OR ENDORSEMENT FOR AN ADDITIONAL PREMIUM TO COVER LIABILITY
FOR
PUNITIVE DAMAGES; TO AMEND SECTION 38-77-150, RELATING TO AUTOMOBILE INSURANCE,
THE
UNINSURED MOTORIST PROVISION, AND DEFENSE OF AN ACTION BY THE INSURER, SO AS
TO,
AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE INSURERS TO OFFER
HIGHER LIMITS
OF UNINSURED MOTORIST COVERAGE, AND PROVIDE THAT BENEFITS PAID PURSUANT TO
THIS
SECTION ARE SUBJECT TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 38-77-160,
AS
AMENDED, RELATING TO ADDITIONAL UNINSURED MOTORIST COVERAGE AND
UNDERINSURED MOTORIST
COVERAGE, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, PROVIDE THAT
IF AN
INSURED IS ENTITLED TO UNINSURED MOTORIST OR UNDERINSURED MOTORIST COVERAGE
UNDER
MORE THAN ONE POLICY, THE MAXIMUM AMOUNT THE INSURED MAY RECOVER MAY NOT
EXCEED THE
HIGHEST LIMIT OF SUCH COVERAGE PROVIDED FOR ANY ONE VEHICLE UNDER ANY ONE
POLICY, AND
PROVIDE THAT UNDERINSURED MOTORIST BENEFITS PAID PURSUANT TO THIS SECTION ARE
SUBJECT
TO SUBROGATION AND ASSIGNMENT; TO AMEND SECTION 56-9-350, RELATING TO SECURITY
FOLLOWING MOTOR VEHICLE ACCIDENTS, VERIFICATION OF INSURANCE COVERAGE FORM
TO BE
ISSUED FOLLOWING CERTAIN ACCIDENTS, EFFECT OF FAILURE TO RETURN THE FORM, AND
UNINVESTIGATED ACCIDENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT
THE
OPERATOR OR OWNER OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN
PROPERTY
DAMAGE OF FOUR HUNDRED DOLLARS OR MORE OR IN BODILY INJURY OR DEATH WITHIN
FIFTEEN
DAYS AFTER THE ACCIDENT SHALL FORWARD A WRITTEN REPORT OF THE ACCIDENT ON
A
PRESCRIBED FORM;
Printed Page 252 . . . . . Tuesday, January 17,
1995
TO AMEND SECTION 56-10-10, RELATING TO VEHICLE FINANCIALSECURITY AND
OTHER MATTERS AND SECURITY REQUIRED ON REGISTERED VEHICLES, SO AS TO DELETE
CERTAIN
LANGUAGE AND REQUIRE THAT SECURITY BE MAINTAINED ON EVERY MOTOR VEHICLE
REQUIRED TO
BE REGISTERED IN SOUTH CAROLINA WHERE THE OWNERS OR OTHER OPERATORS NOT
EXCLUDED IN
ACCORDANCE WITH SECTION 38-77-340 RESIDE IN THE SAME HOUSEHOLD AND ARE
INSUREDS UNDER
THE SAME POLICY, IF ONE OF THE OWNERS OR OTHER OPERATORS DOES NOT QUALIFY FOR
THE
SAFE DRIVER DISCOUNT IN SECTION 38-73-760; TO AMEND SECTION 56-10-220, RELATING TO
THE REQUIREMENT THAT A VEHICLE SOUGHT TO BE REGISTERED BE INSURED, SO AS TO
DEFINE
PERSONS APPLYING FOR REGISTRATION AS PERSONS REQUIRED TO PROVIDE SECURITY ON
A MOTOR
VEHICLE AS PROVIDED IN SECTION 56-10-10; TO AMEND SECTION 56-10-240, RELATING TO
THE
REQUIREMENT THAT, UPON THE LOSS OF INSURANCE, THE INSURED OBTAIN NEW
INSURANCE OR
SURRENDER VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER,
SUSPENSION
OF REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES,
SO AS
TO DELETE CERTAIN LANGUAGE, FURTHER DESCRIBE AND QUALIFY A MOTOR VEHICLE
WHICH IS OR
BECOMES AN UNINSURED MOTOR VEHICLE, AND DEFINE THE RESIDENT FOR WHOM THE
LAPS OR
TERMINATION OCCURS AFTER THREE MONTHS AS ONE WHO DOES NOT QUALIFY FOR THE
SAFE DRIVER
DISCOUNT UNDER SECTION 38-73-760; TO AMEND CHAPTER 10 OF TITLE 56, RELATING TO
MOTOR
VEHICLE REGISTRATION, AND FINANCIAL SECURITY, BY ADDING AN ARTICLE 5 SO AS TO
ENACT
PROVISIONS FOR THE REGISTRATION AND LICENSING OF UNINSURED MOTOR VEHICLES; TO
AMEND
SECTION 38-77-110, RELATING TO AUTOMOBILE INSURANCE, THE REQUIREMENT UPON
INSURERS TO
INSURE, AND EXCEPTIONS, SO AS TO PROVIDE THAT INSURERS OTHER THAN THOSE
DESIGNATED
AND APPROVED AS SPECIALIZED INSURERS BY THE CHIEF INSURANCE COMMISSIONER MAY
NOT
REFUSE TO WRITE OR RENEW AUTOMOBILE INSURANCE POLICIES FOR INDIVIDUAL PRIVATE
PASSENGER AUTOMOBILES, IF THE RISK QUALIFIES FOR THE SAFE DRIVER DISCOUNT IN
SECTION
38-73-760, OR SMALL COMMERCIAL RISKS, PROVIDE THAT NO INSURER IS
Printed Page 253 . . . . . Tuesday, January 17,
1995
REQUIRED TO WRITE OR RENEW PRIVATE PASSENGER AUTOMOBILE INSURANCE IF
THE RISK DOES NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT, DELETE CERTAIN
LANGUAGE,
PROVIDE THAT NO INSURER MAY REFUSE TO WRITE OR RENEW A POLICY, COVERAGE, OR
ENDORSEMENT OF AUTOMOBILE INSURANCE BECAUSE OF THE RACE, COLOR, CREED,
NATIONAL
ORIGIN, ANCESTRY, OR INCOME OF ANYONE WHO SEEKS TO BECOME INSURED, AND
PROVIDE THAT
AN APPLICANT DENIED COVERAGE MUST BE PROVIDED IN WRITING BY THE DENYING
INSURER THE
REASON OR REASONS FOR WHICH THE APPLICANT HAS BEEN REFUSED INSURANCE BY THAT
INSURER,
AT THE TIME OF THE DENIAL; TO AMEND CHAPTER 77 OF TITLE 38, RELATING TO
AUTOMOBILE
INSURANCE, BY ADDING AN ARTICLE 13 SO AS TO PROVIDE FOR A JOINT UNDERWRITING
ASSOCIATION AND PROVIDE, AMONG OTHER THINGS, FOR THE ABOLITION OF THE
REINSURANCE
FACILITY UPON A CERTAIN DATE, THAT THE ADMINISTRATION OF THE PHASE OUT OF THE
FACILITY IS TRANSFERRED TO THE ASSOCIATION, AND THAT, AS OF A CERTAIN DATE, THE
FACILITY RECOUPMENT CHARGE MUST NOT BE INCLUDED IN THE RATE OR PREMIUM
CHARGED BY THE
INSURERS OF PRIVATE PASSENGER AUTOMOBILE INSURANCE TO DRIVERS WHO QUALIFY
FOR THE
SAFE DRIVER DISCOUNT; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE
INSURANCE
RATES, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE, REQUIRE AN
AUTOMOBILE
INSURER TO OFFER FOUR, RATHER THAN TWO, DIFFERENT RATES FOR AUTOMOBILE
INSURANCE, AND
PROVIDE THAT, NO LATER THAN NINETY DAYS AFTER THE PASSAGE OF THIS ACT, ISSUERS
OF
AUTOMOBILE INSURANCE POLICIES MUST FILE WITH THE CHIEF INSURANCE COMMISSIONER
RATES
FOR PERSONAL PROTECTION POLICIES AS DEFINED BY SECTION 38-78-30 AND REVISED RATES
FOR
ALL OTHER PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICIES WRITTEN BY THEM;
TO AMEND
SECTION 38-73-760, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND
UNIFORM
STATISTICAL PLANS, SO AS TO PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR THE
FIRST
CONVICTION OF SPEEDING LESS THAN TWENTY MILES PER HOUR IF THE PERSON
CONVICTED HAS
MAINTAINED THE SAFE DRIVER DISCOUNT FOR THE PREVIOUS THREE YEARS, AND
Printed Page 254 . . . . . Tuesday, January 17,
1995
PROVIDE THAT NO SURCHARGE MAY BE ASSESSED FOR CERTAIN CONVICTIONS
OCCURRING ON OR AFTER JANUARY 1, 1997; TO AMEND SECTION 56-10-270, RELATING TO
THE
OPERATION OF AN UNINSURED VEHICLE AND PENALTIES, SO AS TO, AMONG OTHER THINGS,
INCREASE THE PENALTIES, INCLUDING PROVISIONS FOR THE PERFORMANCE OF PUBLIC
SERVICE
HOURS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-116 SO AS TO PROVIDE THAT,
UPON
ISSUANCE OF A NEW PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY, THE
INSURANCE
COMPANY OR AGENT MUST REVIEW WITH THE NEW APPLICANT A LIST OF DRIVING
OFFENSES AND
THE RELATED FINE AND PUNISHMENT, AMONG OTHER THINGS; TO PROVIDE THAT, AFTER
SEPTEMBER
30, 1996, THE GOVERNING BOARD OF THE JOINT UNDERWRITING ASSOCIATION SHALL
CONTRACT
WITH ONE OR MORE INSURERS OR BUSINESS ENTITIES TO SERVE AS THE DESIGNATED
CARRIER AND
SHALL ESTABLISH A PROCEDURE FOR THE SELECTION OF THE DESIGNATED CARRIER, AND
PROVIDE
THAT COMMISSIONS PAID TO AGENTS FOR POLICIES CEDED TO OR PLACED IN THE
ASSOCIATION
SHALL BE SET BY THE ASSOCIATION'S BOARD OF DIRECTORS; TO REPEAL ARTICLE 5 OF
CHAPTER
77 OF TITLE 38, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS,
SECTION 38-73-1420, RELATING TO THE REQUIREMENT UPON THE BOARD OF GOVERNORS OF
THE
REINSURANCE FACILITY TO FILE AND EXPENSE COMPONENT AND USE OF THE COMPONENT
AFTER
APPROVAL, SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR
PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE
FACILITY,
SECTION 38-77-285, RELATING TO THE REQUIREMENT THAT ALL AUTOMOBILE INSURANCE
COVERAGES WRITTEN BY AN INSURER FOR AN INSURED'S AUTOMOBILE MUST BE WRITTEN
IN THE
SAME POLICY, WITH EXCEPTIONS AND QUALIFICATIONS, SECTION 38-77-920, RELATING TO
THE
PROVISION THAT INSURERS AND AGENTS MAY NOT REFUSE THE ACCEPTANCE OF
AUTOMOBILE
INSURANCE, PROPERTY RIGHTS OF CERTAIN AGENTS, AND RESTRICTION OF MAILINGS TO
CERTAIN
AREAS, SECTION 38-77-940, RELATING TO AUTOMOBILE INSURANCE, AVOIDING CERTAIN
CLASSES
OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SECTION
Printed Page 255 . . . . . Tuesday, January 17,
1995
38-77-950, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE
REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS
POLICY IS IN
THE FACILITY, AND SECTION 38-77-960, RELATING TO AUTOMOBILE INSURANCE AGENT'S
BUSINESS; TO AMEND SECTION 38-77-111, RELATING TO THE COVERAGES OF AN
AUTOMOBILE
INSURANCE POLICY WHICH MAY BE CEDED TO THE REINSURANCE FACILITY, SO AS TO
SUBSTITUTE
THE JOINT UNDERWRITING ASSOCIATION FOR THE REINSURANCE FACILITY AND PROVIDE
THAT AN
INSURER MAY NOT CEDE COVERAGES UNDER A POLICY THAT IT IS NOT MANDATED BY LAW
TO WRITE
EXCEPT FOR TORT LIABILITY AND PERSONAL PROTECTION COVERAGES AND UNINSURED
MOTORIST
COVERAGE FOR THOSE RISKS THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT;
AND TO
PROVIDE FOR A SEVERABILITY CLAUSE, INCLUDING, AMONG OTHER THINGS, A PROVISION
THAT IF
SECTION 38-78-110 IS FOUND TO BE UNCONSTITUTIONAL OR INVALID, PERSONAL
PROTECTION
INSURERS HAVE NO OBLIGATION TO PAY PERSONAL PROTECTION BENEFITS WITH RESPECT
TO
ACCIDENTS OCCURRING ON OR AFTER THE DATE OF THE FINDING OF SUCH
UNCONSTITUTIONALITY
OR INVALIDITY AND, IN ADDITION, ARE SUBROGATED TO ALL OF THE RIGHTS OF PERSONAL
PROTECTION INSUREDS FOR ALL PREVIOUS SUCH BENEFITS PAID.
Read the first time and referred to the Committee on Banking and Insurance.
S. 362 -- Senators Cork and Washington: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE
OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE
DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS
ARTICLE 1, CHAPTER 5 OF TITLE 24.
Read the first time and referred to the Committee on Corrections and Penology.
S. 363 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION
7
OF ARTICLE VI AND SECTION 2 OF ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA,
1895, RELATING RESPECTIVELY TO ELECTIVE OFFICERS AND
Printed Page 256 . . . . . Tuesday, January 17,
1995
THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO DELETE THE
SUPERINTENDENT OF EDUCATION FROM THE LIST OF OFFICERS WHO MUST BE ELECTED
AND TO
PROVIDE THAT HE OR SHE MUST BE APPOINTED BY THE STATE BOARD OF EDUCATION WITH
QUALIFICATIONS AS PRESCRIBED BY THE BOARD AND BY LAW, AND PROPOSING AN
AMENDMENT TO
SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO REVISE
THE
MEMBERSHIP OF THE BOARD BY PROVIDING THAT THE BOARD SHALL CONSIST OF ONE
MEMBER
ELECTED BY THE GENERAL ASSEMBLY FROM EACH CONGRESSIONAL DISTRICT OF THIS
STATE AND
FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.
Read the first time and referred to the Committee on Education.
S. 364 -- Senators Bryan, Washington, Elliott and Peeler: A BILL TO AMEND THE CODE
OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-33-120 THROUGH 59-33-200 SO
AS
TO REQUIRE AN EXTENDED SCHOOL YEAR PROGRAM FOR CHILDREN WITH DISABILITIES TO
BE
ESTABLISHED IN EACH SCHOOL DISTRICT, DEFINE TERMS, AND PROVIDE FOR PURPOSES,
SCREENING, QUALIFICATION, DEVELOPMENT OF AN ADDENDUM TO THE INDIVIDUALIZED
EDUCATIONAL PLAN, REVIEW BY THE MULTIDISCIPLINARY EVALUATION TEAM,
RESPONSIBILITIES
FOR DEPARTMENT OF EDUCATION, REFUSAL TO PARTICIPATE, AND TRANSPORTATION.
Read the first time and referred to the Committee on Education.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A
BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO
THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF
THE
COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND
SECTION
59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION
TO THE
BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE
GOVERNOR'S
OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND
CONTROL BOARD
AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE
COMMITTEE
Printed Page 257 . . . . . Tuesday, January 17,
1995
AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION
CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION
59-103-90,
RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE
EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS
PLEASURE WITH
NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF
COMPLEMENT OF
THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN
THE
COMMISSION.
Senator SETZLER spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 366 -- Senators Bryan, Alexander and Giese: A BILL TO AMEND SECTION 12-36-90, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF
"GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND
USE
TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF
MOTOR OIL,
NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH
CAROLINA SOLID
WASTE POLICY AND MANAGEMENT ACT OF 1991.
Read the first time and referred to the Committee on Finance.
S. 367 -- Senator Thomas: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO
INCLUDE
AN EXEMPTION FOR THE DWELLING HOUSE OF A DISABLED PERSON UNDER CERTAIN
CONDITIONS.
Read the first time and referred to the Committee on Finance.
S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR
JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO
RECEIVE
RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL
ASSEMBLY
BUT FOR THE MEMBER'S CURRENT
Printed Page 258 . . . . . Tuesday, January 17,
1995
EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE
BENEFITS.
Read the first time and referred to the Committee on Finance.
S. 369 -- Senator McGill: A BILL TO AMEND SECTION 9-1-1860, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF A CONTRIBUTING MEMBER OF THE
SOUTH
CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR THE MEMBER'S
FORMER
EMPLOYMENT BY A MUNICIPALITY WHICH WAS NOT A COVERED EMPLOYER AT THE TIME
OF SUCH
EMPLOYMENT, SO AS TO EXTEND THE ELIGIBILITY TO A CONTRIBUTING MEMBER WHO
FORMERLY
SERVED AS A MEMBER OF THE GOVERNING BODY OF SUCH A MUNICIPALITY AND TO
PROVIDE THAT
PAYMENT OF A SALARY TO THE MEMBER OF THE GOVERNING BODY IS NOT A
REQUIREMENT FOR
ELIGIBILITY TO ESTABLISH SUCH SERVICE.
Read the first time and referred to the Committee on Finance.
S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE
REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE
CARE
SETTINGS.
Read the first time and referred to the General Committee.
S. 371 -- Senator Giese: A BILL TO AMEND SECTION 8-21-770, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AND COLLECTION OF FEES
AND
COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS IN THE PROBATE COURT, SO TO
REVISE
THE MANNER IN WHICH THESE FEES SHALL BE DETERMINED.
Read the first time and referred to the Committee on Judiciary.
S. 372 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE
III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE
DEPARTMENT, SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL
APPROPRIATIONS ACT TO
REVENUES COLLECTED IN THE LAST COMPLETED CALENDAR YEAR
Printed Page 259 . . . . . Tuesday, January 17,
1995
UNLESS THE GENERAL ASSEMBLY IN SEPARATE LEGISLATION PROVIDES FOR
INCREASED REVENUES.
Read the first time and referred to the Committee on Judiciary.
S. 373 -- Senators Elliott and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 2-17-18 SO AS TO PROHIBIT CERTAIN LOBBYING
ACTIVITY
BY STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS AND THEIR EMPLOYEES
AND
DEFINE TERMS.
Read the first time and referred to the Committee on Judiciary.
S. 374 -- Senators Elliott and O'Dell: A BILL TO AMEND TITLE 28, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN BY ADDING CHAPTER 13 SO AS TO
ENACT
THE "SOUTH CAROLINA PRIVATE PROPERTY PROTECTION ACT OF 1995" INCLUDING
PROVISIONS PROVIDING THAT COMPENSATION MUST BE PAID UNDER CERTAIN CONDITIONS
AS A
RESULT OF REGULATIONS OR ACTIONS BY STATE AGENCIES SUBSTANTIALLY INTERFERING
WITH OR
TAKING PRIVATE PROPERTY, REQUIRING AGENCIES TO CREATE GUIDELINES TO DETERMINE
WHETHER
THERE IS A TAKING, PROVIDING FOR AN ASSESSMENT TO BE MADE BEFORE THE ACTION IS
TAKEN,
AND PROVIDING FOR EMERGENCIES WHEN HEALTH AND SAFETY IS AN ISSUE.
Read the first time and referred to the Committee on Judiciary.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX
EXEMPTION FROM
THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE
REQUISITE
REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES,
THIS
EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT
THE TIME
OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL
CONTINUE TO
BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY,
WITH
RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND
Printed Page 260 . . . . . Tuesday, January 17,
1995
THE PROHIBITION EXPIRING JANUARY 1,1997, IN A COUNTY WITH A MAJORITY
"NO" VOTE.
Read the first time and referred to the Committee on Judiciary.
| Printed Page 240, Jan. 13
| Printed Page 260, Jan. 17
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