Printed Page 3140, May 23
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Printed Page 3140, May 23
| Printed Page 3160, May 23
| (R429) H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: AN ACT TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
(R430) H. 4681 -- Rep. Koon: AN ACT TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT
(R431) H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: AN ACT TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO THE CONDITIONS AND EXEMPTIONS STATED IN THIS SECTION AND IN APPLICABLE FEDERAL LAW, THAT A LEC SHALL NEGOTIATE THE RATES, TERMS, AND CONDITIONS FOR LOCAL INTERCONNECTION, THAT NOTHING IN CHAPTER 9 OF TITLE 58 SHALL BE INTERPRETED TO LIMIT OR RESTRICT ANY RIGHT THAT ANY LOCAL EXCHANGE CARRIER MAY HAVE UNDER FEDERAL LAW, AND THAT ANY LOCAL EXCHANGE CARRIER, UPON A SHOWING OF CHANGED CIRCUMSTANCES OR THAT IT IS NECESSARY OR APPROPRIATE TO REALIGN RATES WITH THE COSTS OF VARIOUS TELECOMMUNICATIONS COMPONENTS, MAY PETITION THE COMMISSION TO RE-EXAMINE ANY RATES
(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO
(R433) H. 4795 -- Rep. Gamble: AN ACT TO AMEND SECTION 37-10-102, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, SO AS TO PROVIDE THAT THE CREDITOR MUST ASCERTAIN PRIOR TO THE BORROWER'S CLOSING ATTORNEY PREFERENCE AND INSURANCE AGENT PREFERENCE, TO PROVIDE FOR THE MANNER IN WHICH CREDITORS MAY COMPLY WITH THIS PREFERENCE REQUIREMENT, AND TO PERMIT THE CREDITOR TO REQUIRE THE ATTORNEY AND INSURANCE AGENT SO CHOSEN TO COMPLY WITH REASONABLE CLOSING PROCEDURES.
(R434) H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R435) H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE
(R436) H. 4910 -- Reps. Sandifer, Cain and Chamblee: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS AND VOTING PLACES IN OCONEE COUNTY, SO AS TO COMBINE THE TOKEENA AND PROVIDENCE PRECINCTS INTO ONE PRECINCT AND PROVIDE FOR ITS VOTING PLACE.
(R437) H. 4976 -- Reps. Rhoad and Cave: AN ACT TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION THAT APPLY TO BUILDINGS ALSO APPLY TO BUILDINGS OF WORSHIP, AND TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO A PLACE OF WORSHIP, SO AS TO REVISE THE PENALTY.
(R438) H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: AN ACT TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.
S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT
The Senate resumed consideration of the Bill. The question being the second reading of the Bill.
Senator HAYES continued arguing contra to the second reading of the Bill.
Senator McCONNELL raised a Point of Order that the Senator's remarks were being tedious and superfluous.
Senators LEVENTIS and McCONNELL spoke on the Point of Order.
The PRESIDENT overruled the Point of Order.
Senator HAYES argued contra to the second reading of the Bill.
At 4:42 P.M., Senator MARTIN assumed the Chair.
Senator HAYES argued contra to the second reading of the Bill.
At 5:00 P.M., Senator COURSON requested a leave of absence beginning at 6:00 P.M. for the balance of the day.
At 5:00 P.M., Senator McGILL requested a leave of absence from 5:30 - 11:30 P.M.
At 5:16 P.M., Senator BRYAN made the point that a quorum was not present. It was ascertained that a quorum was present.
Senator HAYES argued contra to the second reading of the Bill.
At 5:21 P.M., Senator McCONNELL moved under Rule 15A to set a time certain of 5:30 P.M. on Thursday, May 23, 1996, to vote on the entire matter of S. 1142.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Holland McConnell Mescher* Moore Passailaigue Rose*
Alexander Boan Bryan Courson Fair Giese Glover Hayes Hutto Jackson Land Lander Leventis Martin Matthews McGill O'Dell Patterson Peeler Rankin Reese Richter Russell Ryberg Setzler Smith, G. Smith, J.V. Thomas Washington Wilson
*These Senators were not present in the Chamber at the time the vote was taken and the votes were recorded by leave of the Senate, with unanimous consent.
Having failed to receive the necessary vote, the motion failed.
Senator HAYES argued contra to the second reading of the Bill.
Senator McCONNELL raised a Point of Order that the Senator's remarks were tedious and superfluous.
Senators WILSON, McCONNELL, HAYES and MOORE spoke on the Point of Order.
Senator HAYES argued contra to the second reading of the Bill.
Senator HAYES moved that when the Senate adjourns today, the Senate stand adjourned to meet on Friday, May 24, 1996, at 11:00 A.M., under the provisions of Rule 1 for local and uncontested matters which have previously received unanimous consent to be taken up, and that when the Senate adjourns on Friday, it stand adjourned to meet on Tuesday, May 28, 1996, at 12:00 Noon, in statewide session.
A roll call vote was ordered.
Senator HAYES moved to withdraw the motion.
Senator McCONNELL raised a Point of Order that once a motion has been made, unanimous consent is required in order to withdraw the motion.
Senator McCONNELL raised a Point of Order that only one motion can be made at one time.
Senator MATTHEWS made a Parliamentary Inquiry as to whether or not Senator HAYES would relinquish the floor when making either the motion to adjourn or the motion to stand adjourned to meet under the provisions of Rule 1.
The ACTING PRESIDENT stated that once the speaker makes a motion, the speaker relinquishes the floor.
The ACTING PRESIDENT sustained the Point of Order raised by Senator McCONNELL that only one motion could be before the body at one time and asked the Senator to restate which motion he wished to make.
Senator HAYES restated the motion that when the Senate adjourns today, the Senate stand adjourned to meet on Friday, May 24, 1996, at 11:00 A.M., under the provisions of Rule 1 for local and uncontested matters which have previously received unanimous consent to be taken up,
There was no objection and the motion was adopted.
Senator McCONNELL spoke on the Bill.
With Senator McCONNELL retaining the floor, Senator THOMAS asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.
Senators LAND and HAYES objected.
Senator McCONNELL spoke on the Bill.
Senator McCONNELL moved to continue the Bill.
Senator HAYES moved that the Senate stand adjourned.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Hayes Richter Ryberg Thomas Wilson
Alexander Boan Bryan Courtney Drummond Ford Glover Holland Hutto Jackson Land Leventis Martin Matthews McConnell Mescher* Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose* Russell Setzler Smith, G. Smith, J.V. Washington
The Senate refused to adjourn.
The question then was the motion to continue the Bill.
Senator RYBERG moved to table the motion to continue.
Senator McCONNELL raised a Point of Order that the motion to table was out of order inasmuch as the motion to continue was a higher motion than the motion to table.
The ACTING PRESIDENT sustained the Point of Order.
The question then was the motion to continue the Bill.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Courtney Drummond Ford Glover Holland Hutto Jackson Land Matthews McConnell Moore O'Dell Passailaigue Patterson Washington
Alexander Boan Fair Hayes Leventis Martin Peeler Rankin Reese Richter Russell Ryberg Setzler Smith, G. Smith, J.V. Thomas Wilson
The Senate refused to continue the Bill.
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