Printed Page 941, Mar. 6
| Printed Page 960, Mar. 6
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Printed Page 941, Mar. 6
| Printed Page 960, Mar. 6
| Received as information.
S. 1223 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY OF MR. HARRY HOYLE ABERNATHY, JR. AND TO PAY TRIBUTE TO A GENTLEMAN WHOSE LIFE WAS DEDICATED TO HIS FAMILY AND TO SERVING HIS COMMUNITY.
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. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
(By prior motion of Senator PEELER)
The following House Joint Resolution was read the third time and ordered returned to the House with amendments:
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE
Senator J. VERNE SMITH asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
Senator BOAN desired to be recorded as voting against the third reading of the Resolution.
The following Bills and Joint Resolution were read the third time and ordered sent to the House of Representatives:
S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
(By prior motion of Senator HAYES)
S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
Senator FAIR explained the Bill.
S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL
S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
There was no objection.
Having voted on the prevailing side, Senator MESCHER asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave third reading to the Bill and ordered the Bill enrolled for ratification.
There was no objection.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator MESCHER proposed the following amendment (4625R002.WCM), which was adopted:
Amend the bill, as and if amended, page 1, after line 35, by adding an appropriately numbered new SECTION to read:
/SECTION . Applicable for the 1995-96 school year, a student who has an overall passing average is exempt from the requirements of items (1) and (2) of Section 59-39-160 and may participate in an interscholastic activity if the student needs fewer than four units to receive a high school diploma and the student has passed all of the academic courses which he has taken during the semester preceding the interscholastic activity./
Amend title to conform.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Banking and Insurance Committee proposed the following amendment (1043R004.EES), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 38, Chapter 71 of the 1976 Code is amended by adding:
"Section 38-71-135. All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization and attendant professional services of a mother and her newborn child or children must, if at the discretion of the attending physician it is medically necessary, provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after a vaginal delivery, not including the day of delivery, and the third post-operative day following a caesarian section, not including the day of surgery. Nothing in this section shall be construed to prohibit the attending physician from requesting additional time for hospitalization or releasing the mother or her newborn child or children prior to the expiration time provided herein."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
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.
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Banking and Insurance Committee proposed the following amendment (3985R001.EES), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 38-73-910 of the 1976 Code, as amended by Section 783 of Act 181 of 1993, is further amended to read:
However, the requirements of public notices and public hearings in this section do not apply to applications for rate increases when the applicant insurer had earned premiums in this State in the previous calendar year of less than five hundred thousand two million dollars for the line or type of insurance for which the rate increase is sought or, if the rate increase is sought by a rating organization, the earned premiums in this State for all members and subscribers of the organization for whom an increase is sought were less than five hundred thousand two million dollars for the previous calendar year for the line or type of insurance for which the rate increase is sought. The two million dollars must be increased by a factor equal to the increase in the consumer price index, all items, every three years."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator McCONNELL 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. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.
(By prior motion of Senator MATTHEWS)
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1218 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.
On motion of Senator PEELER, the Bill was carried over.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 16B (3901R054.ELP) proposed by Senator PASSAILAIGUE and previously printed in the Journal of Tuesday, March 5, 1996.
Senator PASSAILAIGUE explained the amendment.
On motion of Senator PASSAILAIGUE, with unanimous consent, Amendment No. 16B was carried over.
Senators WILSON, THOMAS, RUSSELL and RYBERG proposed the following Amendment No. 26 (JIC\5309HTC.96):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-142. (A) The governing body of a county may not increase the millage rate and fee rates imposed for any purpose, excluding fee rates charged by utilities, and except as provided in this section and Section 6-1-85, above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the
(1) in response to a natural or environmental emergency as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rate and fee rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment.
(B) Notwithstanding any other provision of law, the millage rate and fee rates also may be increased upon a two-thirds vote of the governing body. Any new sources of revenues for any purposes must be approved by a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restrictions contained in this section do not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.
(D) For the property tax year of implementation of the values resulting from a countywide reassessment and equalization program, the millage rate must not exceed the rollback millage, as defined in subsection (E), except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year of reassessment values implementation. The millage rate and fee rates may be further increased for the property tax year of implementation of reassessed values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required.
(E) The rollback millage rate is computed by dividing the budget year property tax assessment base by the current year's property tax revenues.
(F) Contracts entered into under Chapter 12 of Title 4 are not subject to the provisions of this section."
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