Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator MOORE.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, the world, and christendom, calls this Holy Week. Hear a reading from the Gospel of St. John, Chapter 12 (vv.12-13):
"The next day the great crowd that had
come to the festival heard that Jesus was
coming to Jerusalem. So they took branches
of palm trees and went out to meet Him,
shouting, 'Hosanna! Blessed is the one who
comes in the name of the Lord --
the King of Israel' " !
Let us pray.
Our Father, we thank You for a time to slow the hectic pace, and meditate upon the deep themes of the human spirit... and the human predicament: life, death, hope, suffering, betrayal... redemption!
So quicken our minds and hearts that we may yet celebrate the eternal love of God for a wayward humanity.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator RANKIN introduced Dr. Richard A. Schmitt of Myrtle Beach, S.C., Doctor of the Day.
On motion of Senator JACKSON, at 12:00 Noon, Senator WASHINGTON was granted a leave of absence for today.
At 12:17 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 1:00 P.M.
There was no objection and a message was sent to the House accordingly.
H. 3666 (Word version) -- Reps. Wilkins, Haskins, J. Brown, H. Brown, Sharpe, Cato, Harrison, Townsend and D. Smith: A JOINT RESOLUTION TO ESTABLISH A 1998 SOUTHERN LEGISLATIVE CONFERENCE HOST COMMITTEE WHICH SHALL HAVE THE RESPONSIBILITY OF PLANNING AND MAKING ALL ARRANGEMENTS FOR THE 1998 ANNUAL MEETING OF THE SOUTHERN LEGISLATIVE CONFERENCE WHICH WILL BE HELD IN CHARLESTON, SOUTH CAROLINA, IN AUGUST 1998.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Joint Resolution from the Committee on Finance.
There was no objection.
The Senate proceeded to a consideration of the Joint Resolution. The question being the second reading of the Joint Resolution.
Senator DRUMMOND asked unanimous consent to give the Resolution a second reading.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, H. 3666 was ordered to receive a third reading on Wednesday, March 26, 1997.
The following were introduced:
S. 566 (Word version) -- Senators Ford, Glover, Anderson, Williams, Patterson, Alexander, Bryan and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 11 OF TITLE 8, SO AS TO PROVIDE THAT IF A STATE EMPLOYEE IN THE SCOPE OF HIS EMPLOYMENT GENERATES
FUNDING IN EXCESS OF THE OPERATIONAL EXPENSES OF THE AGENCY FOR WHICH HE WORKS OR FUNDS THAT WOULD CONSTITUTE A PROFIT FOR THE AGENCY FOR WHICH HE WORKS, THEN THAT EXCESS FUNDING OR PROFIT MUST BE DEPOSITED IN THE STATE'S GENERAL FUND FOR USE BY THE AGENCY FOR WHICH HE WORKS AND MUST NOT BE PAID TO A NON-PROFIT CORPORATION AFFILIATED WITH THE AGENCY FOR WHICH HE WORKS.
Read the first time and referred to the Committee on Finance.
S. 567 (Word version) -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Read the first time and referred to the Committee on Labor, Commerce and Industry.
S. 568 (Word version) -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-235 SO AS TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING CERTAIN ACTS RELATED TO DENTAL TREATMENTS IN THE OPERATION OF A DENTAL OFFICE OR PRACTICE AND TO PROVIDE PENALTIES.
Read the first time and referred to the Committee on Medical Affairs.
S. 569 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE RAVENEL ELEMENTARY SCHOOL OF SENECA, SOUTH CAROLINA, ITS PRINCIPAL, CATHY WATSON, AND ITS FACULTY, STAFF, PARENTS, AND STUDENTS FOR THEIR OUTSTANDING EDUCATIONAL ACHIEVEMENTS AND CONGRATULATING THEM FOR THEIR SCHOOL'S SELECTION AS A CAROLINA FIRST PALMETTO'S FINEST SCHOOL FOR 1996-97.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 570 (Word version) -- Senator Moore: A SENATE RESOLUTION CONGRATULATING THE TOWN OF JOHNSTON ON ITS CENTENNIAL CELEBRATION.
The Senate Resolution was adopted.
S. 571 (Word version) -- Senator Moore: A SENATE RESOLUTION CONGRATULATING ST. JOHN BAPTIST CHURCH OF LANGLEY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.
The Senate Resolution was adopted.
H. 3316 (Word version) -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
Read the first time and referred to the Committee on Judiciary.
H. 3366 (Word version) -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-614 SO AS TO PROVIDE IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR A LAW ENFORCEMENT OFFICER WHO TAKES A CHILD INTO EMERGENCY PHYSICAL CUSTODY OR EMERGENCY PROTECTIVE CUSTODY.
Read the first time and referred to the Committee on Judiciary.
H. 3411 (Word version) -- Reps. Cromer, Bauer, Cobb-Hunter, Neilson, J. Smith, Stuart, Harrison, Scott, Howard, Knotts, Cotty, Neal, Koon, Riser, Gamble, Young, Spearman, McMaster, J. Brown, Wilkes, Byrd and Hodges: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE FOR A NATIONAL CEMETERY TO BE LOCATED AT FORT JACKSON IN SOUTH CAROLINA.
Introduced and referred to the General Committee.
H. 3462 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 39-19-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED CHARGES AND COMMISSIONS FOR HANDLING AND SELLING LEAF TOBACCO, SO AS TO PROVIDE TWO OPTIONAL METHODS FOR DETERMINING THESE CHARGES AND COMMISSIONS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3522 (Word version) -- Reps. Sharpe, Riser, Witherspoon, Webb and Barfield: A BILL TO AMEND SECTION 39-22-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR WAREHOUSE RECEIPT FORMS DESIGNED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE, SO AS TO AUTHORIZE THE USE OF ELECTRONIC WAREHOUSE RECEIPTS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3535 (Word version) -- Reps. Sharpe, T. Brown and Rhoad: A BILL TO AMEND SECTION 39-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF A "PUBLIC WEIGHMASTER", SO AS TO REVISE THE DEFINITION; TO AMEND SECTION 39-11-120, RELATING TO THE CONTENTS OF THE CERTIFICATES OF WEIGHTS AND MEASURES, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND SPECIFY THAT THEY ARE ISSUED BY A PUBLIC WEIGHMASTER; TO AMEND SECTION 39-11-140, RELATING TO ACTS DECLARED MISDEMEANORS CONCERNING PUBLIC WEIGHMASTERS, SO AS TO DELETE REFERENCES TO STATE CERTIFICATES AND MAKE IT A CRIME TO ACT AS A PUBLIC WEIGHMASTER OR DEPUTY PUBLIC WEIGHMASTER WITHOUT FIRST BEING LICENSED; AND TO REPEAL SECTION 39-11-190 RELATING TO PERSONS TRADING IN BULK COMMODITIES ARE REQUIRED TO BE OR EMPLOY PUBLIC WEIGHMASTERS.
Read the first time and referred to the Committee on Agriculture and Natural Resources.
H. 3541 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 20-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHOTOGRAPHS, X-RAYS, AND OTHER MEDICAL EXAMINATIONS OF AREAS OF TRAUMA VISIBLE ON A CHILD SUBJECT TO A REPORT OF SUSPECTED CHILD ABUSE, SO AS TO PROVIDE THAT COPIES OF ALL PHOTOGRAPHS, NEGATIVES, RADIOLOGICAL, AND OTHER MEDICAL REPORTS MUST BE SENT TO THE DEPARTMENT OF SOCIAL SERVICES RATHER THAN THE ORIGINALS OF ALL PHOTOGRAPHS, NEGATIVES, AND REPORTS AT THE TIME A REPORT PURSUANT TO SECTION 20-7-510 IS MADE, OR AS SOON AS POSSIBLE AFTER THE REPORT IS MADE.
Read the first time and referred to the Committee on Judiciary.
H. 3675 (Word version) -- Reps. Cobb-Hunter, Stuart, Felder and Sharpe: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 301 IN ORANGEBURG COUNTY FROM INTERSTATE HIGHWAY 26 TO UNITED STATES HIGHWAY 178 BYPASS IN HONOR OF THE HONORABLE MARSHALL BURNS WILLIAMS.
Introduced and referred to the Committee on Transportation.
H. 3681 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO TOBACCO PLANT CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2113, 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.
Senator MOORE from the Committee on Medical Affairs has polled out S. 261 favorable with amendment: S. 261 (Word version) -- Senators Short, Mescher, Williams, Bryan, Rankin, Jackson, Washington, Matthews, Reese, Glover, Alexander, Patterson, Land, Moore, Hutto, Anderson, Lander and Saleeby: A BILL TO ENACT THE "COORDINATED SERVICES FOR YOUTH ACT OF 1997", BY AMENDING CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
Moore J. Verne Smith Peeler Bryan Courson Washington Hayes Cork Ford Short Alexander Anderson
Fair
Giese Thomas
Ordered for consideration tomorrow.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives: S. 3 (Word version) -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.
S. 85 (Word version) -- Senator Wilson: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL JUDGE MAY ORDER RESTITUTION HE CONSIDERS APPROPRIATE IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.
S. 320 (Word version) -- Senator Rose: A BILL TO AMEND SECTION 7-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS PROHIBITED FROM SERVING AS A POLL MANAGER OR CLERK, SO AS TO INCLUDE FATHER-IN-LAW, MOTHER-IN-LAW, BROTHERS-IN-LAW, AND SISTERS-IN-LAW WITHIN THE GROUP THAT IS PROHIBITED FROM SERVICE.
S. 331 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS. S. 381 (Word version) -- Senator Holland: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATEMENTS OF INTENTION OF CANDIDACY, SO AS TO PROVIDE THAT IF A FILING DATE FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THESE DATES SHALL BEGIN OR END, AS APPROPRIATE, ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY; AND TO AMEND SECTION 7-11-210, RELATING TO THE DEADLINE FOR FILING A NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT IF MARCH THIRTIETH FALLS ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE NOTICE AND PLEDGE MUST BE FILED ON THE NEXT DAY WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
S. 22 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0022.001), which was adopted:
Amend the bill, as and if amended, page 1, line 26, in Section 30-4-40(a), as contained in SECTION 1, by inserting the following after /employee/ :
/, except that materials relating to the final three applicants under consideration for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described herein, the public body must disclose, upon request, the number of applicants considered for a position/
Amend the bill further, as and if amended, page 1 beginning on line 27, by striking lines 27 through 33 and inserting therein the following:
/(i) For the purpose of this item 'materials relating to the final three applicants' do not include an applicant's income tax returns, medical records, social security number, driver's license number, or any other information or document the release of which would be prohibited by federal law while in the possession of the federal government or specifically prohibited from release while in the possession of the state or any local government./
Amend title to conform.
Senator COURTNEY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills having been read the second time were ordered placed on the third reading Calendar:
S. 204 (Word version) -- Senator Courson: A BILL TO AMEND SECTION 38-45-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACING INSURANCE WITH A SURPLUS LINES INSURER, SO AS TO CHANGE FROM TWENTY TO THIRTY THE NUMBER OF DAYS WITHIN WHICH A BROKER MUST FILE A WRITTEN REQUEST WITH THE DEPARTMENT OF INSURANCE FOR APPROVAL OF THE PLACEMENT.
On motion of Senator SALEEBY, with unanimous consent, S. 204 was ordered to receive a third reading on Wednesday, March 26, 1997.
S. 294 (Word version) -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-28 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF LAKE GREENWOOD WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION OF THE OWNER AND OCCUPANT AND TO PROVIDE PENALTIES FOR VIOLATIONS. S. 451 (Word version) -- Senators McConnell and Giese: A BILL TO REPEAL SECTION 2, ACT 394 OF 1994, RELATING TO THE THREE YEAR PROSPECTIVE REPEAL WHICH PROHIBITS A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
On motion of Senator GIESE, with unanimous consent, S. 451 was ordered to receive a third reading on Wednesday, March 26, 1997.
S. 452 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 38-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, INVESTMENTS, AND THE DEFINITION OF "POLICYHOLDER OBLIGATIONS", SO AS TO DELETE THE REFERENCE TO "MANDATORY SECURITIES VALUATION RESERVE" AND SUBSTITUTE THEREFOR "ASSET VALUATION RESERVE"; TO AMEND SECTION 38-13-300, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND CERTAIN REGULATIONS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT UPON THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO PROMULGATE THESE REGULATIONS, AUTHORIZE, RATHER THAN REQUIRE, THE DIRECTOR TO HAVE CERTAIN INSURERS RECORD AND REPORT LOSS AND EXPENSE EXPERIENCE AND CERTAIN OTHER DATA, AND ALLOW THE DIRECTOR TO HAVE CERTAIN INSURERS SUBMIT A REPORT SHOWING DIRECT WRITINGS AND CERTAIN OTHER INFORMATION, RATHER THAN REQUIRING THE INSURERS TO DO THIS; TO AMEND SECTION 38-13-310, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE SUPPLEMENTAL REPORT REQUIRED BY SECTION 38-13-300, SO AS TO PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED TYPES OF INSURANCE WRITTEN BY THE INSURER; TO AMEND SECTION 38-13-320, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND THE DATA IN THE SUPPLEMENTAL REPORT, SO AS TO, AMONG OTHER THINGS, PERMIT, RATHER THAN REQUIRE, THAT THE SUPPLEMENTAL REPORT INCLUDE CERTAIN SPECIFIED DATA BOTH AS TO SOUTH CAROLINA AND THE UNITED STATES FOR THE PREVIOUS YEAR ENDING ON DECEMBER THIRTY-FIRST; TO AMEND SECTION 38-13-340, AS AMENDED, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, AND REVIEW OF THE SUPPLEMENTAL REPORTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE INSURANCE DEPARTMENT'S ANNUAL COMPILATION AND REVIEW OF REPORTS SUBMITTED BY INSURERS BE IN ACCORDANCE WITH OR PURSUANT TO AN ORDER OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTION 38-19-50, AS AMENDED, RELATING TO DOMESTIC MUTUAL INSURERS, MEMBERS AND MEETINGS, AND USE OF PROXIES, SO AS TO PROVIDE THAT NO PROXY MAY BE USED BY A DOMESTIC MUTUAL INSURER UNLESS THE LANGUAGE AND FORM OF THE PROXY HAVE BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AND DELETE THE FIVE CONDITIONS SPECIFIED FOR THE USE OF THE PROXY; TO AMEND SECTION 38-33-30, AS AMENDED, RELATING TO THE INSURANCE LAWS, HEALTH MAINTENANCE ORGANIZATIONS, THE NECESSITY OF A CERTIFICATE OF AUTHORITY, AND FOREIGN CORPORATIONS, SO AS TO DELETE THE REQUIREMENT THAT EACH APPLICATION FOR A CERTIFICATE OF AUTHORITY BE FILED "IN TRIPLICATE"; TO AMEND SECTION 38-73-1060, AS AMENDED, RELATING TO THE INSURANCE LAWS, RATES, RATE-MAKING, AND RATE-FILING, AND STATUTORY PERMISSION TO USE RATES IN EXCESS OF THOSE WHICH ARE FILED, SO AS TO DELETE THE TERM "RATE IN EXCESS OF THAT PROVIDED BY A FILING OTHERWISE APPLICABLE" AND SUBSTITUTE THEREFOR "RATE DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE", AND ADD PROVISIONS WHICH PROVIDE THAT, UPON THE WRITTEN APPLICATION OF AN INSURED HAVING AGGREGATE INSURANCE PREMIUMS, OTHER THAN LIFE, ACCIDENT, AND HEALTH, IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS, A POLICY FORM DIFFERENT FROM THAT PROVIDED BY A FILING OTHERWISE APPLICABLE MAY BE USED ON ANY SPECIFIC RISK, UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTIONS 38-13-330 AND 38-13-370, RELATING TO INSURANCE, EXAMINATIONS, INVESTIGATIONS, RECORDS, AND REPORTS, REPORTS OF LOSS AND EXPENSE EXPERIENCE BY INSURERS, THE REQUIREMENT THAT, FOR THE FIRST YEAR ONLY IN WHICH THE INSURER IS REQUIRED TO FILE THE SUPPLEMENTAL REPORT, THE DATA REQUIRED BY CERTAIN ITEMS OF SECTION 38-13-320 SHALL INCLUDE THE PREVIOUS CALENDAR YEAR AND EACH OF THE PRECEDING TWO CALENDAR YEARS, AND THE REQUIREMENT THAT FIRST REPORTS REQUIRED UNDER SECTIONS 38-13-300 THROUGH 38-13-360 MUST BE FILED ON JULY 1, 1988, AND ON JULY FIRST OF EACH FOLLOWING YEAR.
Senator SALEEBY explained the Bill.
On motion of Senator SALEEBY, with unanimous consent, S. 452 was ordered to receive a third reading on Wednesday, March 26, 1997.
H. 3160 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-745 AND 50-13-1199 SO AS TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES A PROCEDURE TO RELEASE CERTAIN PROPERTY CONFISCATED FROM VIOLATORS OF GAME AND FISH PROVISIONS TO INNOCENT OWNERS OR LIENHOLDERS AND TO ALLOW THE DEPARTMENT TO MAINTAIN OR DISPOSE OF CERTAIN UNCLAIMED PROPERTY.
H. 3257 (Word version) -- Reps. Kelley and Keegan: A BILL TO AMEND SECTION 38-79-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICY FORMS, PROVISIONS, AND RATES; SECTION 38-79-260, AS AMENDED, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION; AND SECTION 38-79-430, AS AMENDED, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA PATIENTS' COMPENSATION FUND, SO AS TO REMOVE THE INVOLVEMENT OF THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE IN THE ASSOCIATION AND THE FUND; AND TO REPEAL SECTION 38-79-270 RELATING TO APPEALS OF ACTIONS OF THE STATE MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION.
Senator SALEEBY explained the Bill.
S. 289 (Word version) -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Senator PATTERSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Committee on Corrections and Penology proposed the following amendment (289ROO2.DIT), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 24-3-430(A) of the 1976 Code, as last amended by Act 7 of 1995, is amended to read:
"(A) The Director of the Department of Corrections may establish a program involving the use of inmate labor by a nonprofit organization or in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina. Before this program shall be implemented, the department shall promulgate regulations providing for implementation and the operation of the program."/
Amend title to conform.
Senator PATTERSON explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES AT AN EXECUTION, SO AS TO REVISE THE NUMBER OF PERSONS WHO MAY WITNESS AN EXECUTION.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Corrections and Penology proposed the following amendment (315R009.DLT), which was adopted:
Amend the bill, as and if amended, page 1, by striking lines 23 through 40 and inserting in lieu thereof the following:
/"Section 24-3-550. At an execution, in addition to the executioner and necessary staff, at the discretion of the Director of the Department of Corrections, to carry out the execution properly, a group of not more than two respectable citizens of the State designated by the director, two representatives of the family of a victim for whom the death penalty was imposed, approved by the director; the solicitor, or an assistant solicitor designated by the solicitor, for the county where the conviction occurred; and a group of not more than five representatives of the South Carolina media, one of whom shall represent the dominant wire service, two of whom shall represent the print media, and two of whom shall represent the electronic news media, must be present. The counsel for the convict and a minister of the gospel may be present. The department shall promulgate regulations to govern the selection of media representatives. No audio recorders, cameras, or recording devices are allowed Witnesses authorized or approved pursuant to this section shall not possess telephonic equipment, cameras, or recording devices in the Capital Punishment Facility during an execution. The director may exclude any person who is authorized or approved pursuant to this section from the Capital Punishment Facility for security purposes."/
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.
S. 380 (Word version) -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-25-315 SO AS TO PROVIDE FOR EMERGENCY CEASE AND DESIST ORDERS TO PREVENT THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS WITHIN THIS STATE AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 38-2-10, AS AMENDED, RELATING TO INSURANCE AND ADMINISTRATIVE PENALTIES, SO AS TO PROVIDE THAT TEN PERCENT OF THE AMOUNT COLLECTED AS PENALTIES MUST BE RETAINED BY THE DEPARTMENT OF INSURANCE AND CONSIDERED "OTHER FUNDS", REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT FOR CERTAIN PURPOSES, AND ALLOW THESE COLLECTED FUNDS TO BE CARRIED FORWARD INTO SUCCEEDING FISCAL YEARS; AND TO AMEND SECTION 38-25-330, AS AMENDED, RELATING TO THE PENALTY FOR VIOLATING CHAPTER 25, TITLE 38, ON THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS, SO AS TO REQUIRE A WILFUL VIOLATION BEFORE A CONVICTION MAY BE HAD OR A PENALTY IMPOSED, AND CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the committee amendment.
The Committee on Banking and Insurance proposed the following amendment (380R001.EES), which was adopted:
Amend the bill, as and if amended, subsection (E) of Section 38-25-315 as contained in SECTION 1, page 3, line 11, by adding after the word / President / the following:
/ Pro Tempore /
Amend title to conform.
Senator COURTNEY explained the Bill.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
On motion of Senator SALEEBY, with unanimous consent, S. 380 was ordered to receive a third reading on Wednesday, March 26, 1997.
S. 464 (Word version) -- Senators Ford and Patterson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF JUSTICE TO APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE THE FINDINGS MADE BY A UNITED STATES DISTRICT COURT JUDGE THAT PROSECUTORS EMPLOYED IN THE UNITED STATES ATTORNEY'S OFFICE FOR THE DISTRICT OF SOUTH CAROLINA COMMITTED EGREGIOUS PROSECUTORIAL MISCONDUCT IN THE COURSE OF PROSECUTING CASES UNDER THE STING OPERATION POPULARLY KNOWN AS "OPERATION LOST TRUST".
The Senate proceeded to a consideration of the Concurrent Resolution. The question being the adoption of the committee amendment.
The Committee on Judiciary proposed the following amendment (JUD0464.001), which was adopted:
Amend the resolution, as and if amended, page 1, line 25, by striking the word /school/
Amend the resolution further, as and if amended, page 2, line 10, by striking /are comprised of/ and inserting therein /comprise/
Amend the resolution further, as and if amended, page 2, line 12, by striking the word /subordination/ and inserting therein /subornation/.
Amend title to conform.
There being no further amendments, the Concurrent Resolution was adopted and ordered sent to the House.
Senator SALEEBY asked unanimous consent to recommit the Bill to the Committee on Banking and Insurance.
There was no objection.
The following Bills were carried over:
S. 412 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-225 SO AS TO PROVIDE THAT A BANK, FINANCIAL ORGANIZATION, OR OTHER ENTITY ISSUING A CREDIT OR DEBIT CARD MAY NOT HOLD OR BLOCK FROM THE UNDERLYING ACCOUNT OR LINE OF CREDIT MORE THAN ONE HUNDRED PERCENT OF THE AMOUNT OR VALUE OF A PURCHASE OR TRANSACTION ENTERED INTO BY THE HOLDER OR ANOTHER AUTHORIZED USER OF THE CREDIT OR DEBIT CARD.
(On motion of Senator ALEXANDER)
S. 559 (Word version) -- Senators Setzler and Bryan: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.
(On motion of Senator BRYAN)
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 310 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 33, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSUREE IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill. On motion of Senator DRUMMOND, with unanimous consent, the Bill was carried over, with Senator RYBERG retaining the floor.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.
On motion of Senator DRUMMOND, with unanimous consent, the Senate agreed to go into Executive Session; and upon lifting of the veil of secrecy, if the Senate completed its business prior to the appointed hour of ratification, the Senate would stand in recess until 12:55 P.M., at which time the PRESIDENT Pro Tempore was granted authorization to ratify Acts; and upon completion of the Ratification of Acts, the Senate would stand adjourned.
On motion of Senator DRUMMOND, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and the following names were reported to the Senate in open session:
Having been reported favorably from Executive Session, on motion of Senator SETZLER, with unanimous consent, the following appointment was confirmed:
Interim Appointment:
Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:
At-Large:
Ms. Dianne Chinnes, President and CEO, Junior Achievement of Greater Columbia, Inc., Post Office Box 532, Columbia, S.C. 29202 VICE Roger B. Whaley (resigned)
Having been reported favorably from Executive Session, on motion of Senator DRUMMOND, with unanimous consent, the following appointment was confirmed:
Interim Appointment:
Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1999:
Tissue Procurement Organization:
Ms. Beverly J. Bliss, Executive Director, American Red Cross Southeastern Tissue Services, 2751 Bull Street, Columbia, S.C. 29201
Having been reported favorably from Executive Session, on motion of Senator PEELER, with unanimous consent, the following appointments were confirmed:
Reappointment, Atlantic States Marine Fisheries Commission, with term to commence June 30, 1997, and to expire June 30, 2000:
South Carolina:
Mr. David M. Cupka, Director, Office of Fisheries Management, Marine Resources Division, Department of Natural Resources, Post Office Box 12559, Charleston, S.C. 29422-2559
Interim Appointment:
Initial Appointment, Governing Board of the Department of Natural Resources, with term to commence July 1, 1994, and to expire July 1, 1998:
2nd Congressional District:
Mr. Edward C. Lee, 1071 Moss, N.E., Orangeburg, S.C. 29115 VICE Joe A. Edens (resigned)
Having been reported favorably from Executive Session, on motion of Senator WILSON, with unanimous consent, the following appointments were confirmed:
Reappointment, Commission on Women, with term to commence October 18, 1997, and to expire October 18, 2001:
At-Large:
Ms. Susan B. Hoag, 115 Green Valley Drive, Greenville, S.C. 29609
Interim Appointment:
Initial Appointment, State Athletic Commission, with term to commence June 30, 1994, and to expire June 30, 1998:
5th Congressional District:
Mr. Robert J. Crisp, 1587 North Jim McCarter Road, Clover, S.C. 29710 VICE A. Craig Drennon (vacated)
Having been reported favorably from Executive Session, on motion of Senator MOORE, with unanimous consent, the following appointments were confirmed:
Interim Appointment:
Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1996, and to expire June 9, 1999:
Long Term Care Council:
Mr. Brown McCallum, Jr., 101 Greenhouse Court, Columbia, S.C. 29212 VICE Ruth Q. Seigler
Interim Appointment:
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1995, and to expire June 30, 1997:
Area 1:
Ms. Jill F. Stephenson, 20 Crestview Court, Piedmont, S.C. 29673
Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1997, and to expire June 30, 2001:
Area 7:
Ms. Mildred Browder-Hughes, 355 East Broadway Street, Johnsonville, S.C. 29555
Interim Appointment:
Initial Appointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1995, and to expire June 30, 1999:
At-Large:
Mr. Patrick Lee Baughman, Sr., 117 Holliday Road, Columbia, S.C. 29223
Interim Appointment:
Initial Appointment, Dry Cleaning Advisory Council, with term to commence July 1, 1995, and to expire June 30, 1998:
Dry Clean Ind.
Mr. R.E. Robinson, III, Ed Robinson Laundry & Cleaners, Inc., 2551 Forest Drive, Columbia, S.C. 29204
Interim Appointment:
Initial Appointment, State Board of Examiners in Speech Pathology and Audiology, with term to commence June 30, 1996, and to expire June 30, 2000:
Audiologist:
Ms. Virginia T. Wright, Greenville Hospital System, 890 West Faris Road, Suite 560, Greenville, S.C. 29605 VICE Virginia M. Corley
Reappointment, Commission of Hearing Aid Specialists, with term to commence January 27, 1996, and to expire January 27, 2000:
Dealer:
Mr. G. Charles Young, 236 Cornerstone Lane, Lexington, S.C. 29072
Reappointment, South Carolina Commission on Disabilities and Special Needs, with term to commence June 30, 1996, and to expire June 30, 2000:
1st Congressional District:
Mrs. Kitty S. Mescher, Post Office Box 1, Pinopolis, S.C. 29469-0001
Reappointment, South Carolina Advisory Council on Aging, with term to commence June 30, 1997, and to expire June 30, 2001:
Area 1:
Ms. Jill F. Stephenson, 20 Crestview Court, Piedmont, S.C. 29673
Having been reported favorably from Executive Session, on motion of Senator LAND, with unanimous consent, the following appointments were confirmed:
Reappointments, Scenic Highways Committee, with terms to commence July 14, 1996, and to expire July 14, 1998:
Outdoor Advertising:
Mr. Douglas W. McFarland, MAC Advertising Inc., 2567 Oscar Johnson Road, North Charleston, S.C. 29405
General Public:
Mr. John N. Hardee, 296 Tombee Lane, Columbia, S.C. 29209
Farm:
Ms. Betty J. DeWitt, 4633 Hoffmeyer Road, Darlington, S.C. 29532
Outdoor Advertising:
Mr. Hal W. Stevenson, Post Office Box 11384, Columbia, S.C. 29211
Hotel/Motel:
Ms. Laura D. Simons, 3625 Coleman Street, Columbia, S.C. 29205
Parks and Recreation:
Mr. Paul B. Ellis, III, City of Greenville, Post Office Box 2207, Greenville, S.C. 29602
Interim Appointment:
Initial Appointment, Scenic Highways Committee, with term to commence July 14, 1996, and to expire July 14, 1998:
Tourism:
Ms. Martha R. Dusenbury, 861 Park Avenue, Florence, S.C. 29501
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber on March 25, 1997, at 1:00 P.M. and the following Acts and Joint Resolutions were ratified:
(R3) S. 14 (Word version) -- Senator Short: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 16, 1996, MISSED BY THE STUDENTS OF MCCROREY-LISTON ELEMENTARY SCHOOL OF THE FAIRFIELD COUNTY SCHOOL DISTRICT DUE TO THE LACK OF WATER IN THE SCHOOL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
(R4) S. 61 (Word version) -- Senator Holland: AN ACT TO DISSOLVE THE COMMITTEE APPOINTED TO STUDY MANDATORY MINIMUM AND ALTERNATIVE SENTENCES CREATED BY THE CRIME BILL OF 1995. (R5) S. 64 (Word version) -- Senator Holland: AN ACT TO RATIFY AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES; AND TO RATIFY AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED.
(R6) S. 287 (Word version) -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE. (R7) S. 288 (Word version) -- Banking and Insurance Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45; TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS, REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE. (R8) S. 347 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON AUGUST 15 AND 16, 1996, BY THE STUDENTS OF CERTAIN SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY DUE TO INCOMPLETE SCHOOL RENOVATIONS, AND THE SCHOOL DAY MISSED ON AUGUST 15, 1996, BY THE STUDENTS OF CERTAIN OTHER SCHOOLS OF THE SCHOOL DISTRICT OF OCONEE COUNTY FOR SCHOOL YEAR 1996-97 DUE TO A TRAIN DERAILMENT WHICH REQUIRED THE EVACUATION OF THESE SCHOOLS ARE 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.
(R9) S. 407 (Word version) -- Senators Drummond, Courson, Giese, Moore, Hutto, Alexander, Anderson, Bryan, Cork, Courtney, Elliott, Fair, Ford, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington, Williams and Wilson: A JOINT RESOLUTION TO CREATE THE STROM THURMOND MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS. (R10) H. 3176 (Word version) -- Reps. Felder and Boan: AN ACT TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO UNIVERSITY OF SOUTH CAROLINA ATHLETICS FACILITIES REVENUE BONDS, SO AS TO PROVIDE A DEFINITION OF "NET ATHLETIC REVENUES" AND REVISE THE DEFINITION OF SPECIAL STUDENT FEE AND RESTORE THE DEFINITION REFERRING TO THE STATE BUDGET AND CONTROL BOARD; TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM TWENTY TO FORTY MILLION DOLLARS, AUTHORIZE THEIR USE FOR REFUNDING OF EARLIER ISSUES, AND MAKE THESE BONDS PAYABLE FROM ADMISSION FEES, SPECIAL STUDENT FEES, AND NET ATHLETIC REVENUES; TO DELETE PROVISIONS RELATED TO ADVERTISING OF ISSUES, TO PROVIDE THAT EXISTING FEES MUST BE SET AFTER THE CONSIDERATION OF NET ATHLETIC REVENUES, TO CONFORM USES OF THE BOND REVENUES AND THE SETTING OF FEES TO THE AMENDMENTS PROVIDED IN THIS ACT.
(R11) H. 3239 (Word version) -- Reps. Walker, Littlejohn, Sharpe, Hawkins, Haskins, D. Smith, Allison, Davenport, Gamble, Cato, McCraw, Townsend and Wilkins: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 69 SO AS TO ENACT THE "SOUTH CAROLINA MOLD LIEN AND RETENTION ACT", AND PROVIDE FOR THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
(R12) H. 3243 (Word version) -- Reps. Sharpe and Wilkes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTIONS 48-20-160 AND 48-20-220, RELATING TO PENALTIES FOR VIOLATIONS OF MINING PERMITS, SO AS TO PROVIDE FOR CIVIL PENALTIES FOR NONCOMPLIANCE WITH THE GENERAL PERMIT.
(R13) H. 3254 (Word version) -- Reps. Boan and Hodges: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-285 SO AS TO PROVIDE AN ALTERNATE METHOD FOR THE REDUCTION OF THE CORPORATE LIMITS WHEN THE AREA IS OWNED BY A MUNICIPALITY OR COUNTY. (R14) H. 3318 (Word version) -- Reps. Townsend, Rhoad, Webb, Sharpe, Sandifer, Martin, Barrett and Witherspoon: AN ACT TO AMEND SECTIONS 46-21-60 AND 46-21-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A FOUNDATION SEED ORGANIZATION FOR THE PURPOSE OF FOSTERING THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF FOUNDATION HYBRID SEED CORN AND OTHER CROP SEED AND PROVIDE FOR THE COOPERATION OF VARIOUS OTHER AGENCIES IN CARRYING OUT THE PURPOSES OF THE FOUNDATION, SO AS TO PROVIDE THAT THE PURPOSE OF THE FOUNDATION IS AIMED AT THE PRODUCTION, PROCESSING, AND DISTRIBUTION OF PURE VARIETIES OF CROP SEEDS AND PLANTS RATHER THAN FOUNDATION HYBRID SEED CORN AND OTHER CROP SEEDS, DELETE THE AUTHORITY OF THE SOUTH CAROLINA CROP IMPROVEMENT ASSOCIATION TO BE VESTED WITH CERTAIN POWERS, DELETE THE REQUIREMENT THAT AGENCIES COOPERATE WITH THE ASSOCIATION, EXCEPT FOR THE DEPARTMENT OF AGRICULTURE, AND ADD CLEMSON UNIVERSITY AS AN ENTITY RESPONSIBLE FOR CARRYING OUT THE PURPOSES OF SECTION 46-21-60.
(R15) H. 3339 (Word version) -- Reps. Bauer and Riser: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO PERMIT THE DISTRICT TO PROVIDE FOR THE ENFORCEMENT OF LAWS ON PROPERTY OWNED BY IT OR SUBJECT TO ITS CONTROL OR JURISDICTION.
(R16) H. 3370 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R17) H. 3371 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL SUPERINTENDENT QUALIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1937, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R18) H. 3372 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO DISTRIBUTION OF LUNCHROOM DUTY TIME FOR TEACHERS, GRADES 1-6, DESIGNATED AS REGULATION DOCUMENT NUMBER 1949, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R19) H. 3373 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ACCELERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R20) H. 3374 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO SCHOOL ADMISSION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1974, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R21) H. 3377 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1987, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R22) H. 3393 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADVISORY COUNCIL (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1982, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R23) H. 3394 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL GRANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R24) H. 3425 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PRINCIPAL APPRENTICESHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1983, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R25) H. 3426 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO AUDIOVISUAL LIBRARY SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1998, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R26) H. 3427 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INSTRUCTIONAL PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2017, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R27) H. 3432 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO BUS CONDUCT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2001, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R28) H. 3433 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO STUDENT TRANSPORTATION RECORDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE. (R29) H. 3434 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R30) H. 3435 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO INTERSCHOLASTIC ATHLETICS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2016, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R31) H. 3436 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO TEXTBOOK SELECTION AND ADOPTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2018, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R32) H. 3437 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EDUCATION, RELATING TO ENSURING THAT SCHOOL DISTRICTS RECRUIT AND HIRE PERSONNEL FOR EIA IMPLEMENTATION ON THE BASIS OF MERIT AND QUALIFICATIONS; TO ENSURE FAIR AND EQUAL TREATMENT FOR MINORITIES; AND CORRECTIVE ACTION FOR NONCOMPLIANCE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2005, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R33) H. 3502 (Word version) -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED. (R34) H. 3523 (Word version) -- Reps. Jennings, Boan, Sheheen, Neilson, H. Brown, Baxley, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: AN ACT TO AMEND CHAPTER 66, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FOLK HERITAGE AWARD, SO AS TO RENAME THIS AWARD THE "JEAN LANEY HARRIS FOLK HERITAGE AWARD".
(R35) H. 3525 (Word version) -- Rep. Sharpe: A JOINT RESOLUTION TO PROVIDE EMERGENCY MEASURES FOR CONTROLLING KARNAL BUNT DISEASE BY THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE AND THE STATE CROP PEST COMMISSION UNTIL JUNE 30, 1998.
(R36) H. 3539 (Word version) -- Reps. Klauber, Parks, Carnell and Stille: AN ACT TO DISSOLVE THE GREENWOOD COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES, AS PROVIDED FOR IN CHAPTER 15 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY BOARDS OF EDUCATION, UPON THE GREENWOOD COUNTY COUNCIL FOR PURPOSES OF WINDING UP THE OPERATION AND AFFAIRS OF THE COUNTY BOARD OF EDUCATION.
On motion of Senators WILSON, GIESE and COURSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Eleanor Lykes Morgan of Columbia, S.C.
At 1:30 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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