Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O, God, our Father, we lift our prayer in thankfulness for the wonders of the world You have given us: sunset and dawn, night and day, spring and Your promise of summer, sunshine and rain. We thank You for making us as we are - with minds to think, hands to work, eyes to see and ears to hear, for memories to recall, freedom to choose and hearts to love. We are grateful for those who impart wise counsel, for friends who encourage our endeavors, for loved ones who share our burdens and heal our wounds, and for all human relationships that give grandeur to life.
Thank You for being an ever providing Father. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. RAMA moved that when the House adjourns it adjourn in memory of the Honorable A.T. Smythe of Charleston, which was agreed to.
The following was received.
Columbia, S.C., May 15, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that both Houses have adopted the report of the Committee of Free Conference on S. 388:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 077
Received as information.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 857 -- Senators Setzler, Stilwell, Hayes, Wilson, Matthews, Gilbert, Patterson, Bryan, Russell, Saleeby, Nell W. Smith, Pope, Macaulay, Martschink, Helmly and Leatherman: A BILL TO AMEND CHAPTER 59, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPRIETARY SCHOOLS, SO AS TO TRANSFER AUTHORITY FROM THE STATE BOARD OF EDUCATION TO THE STATE COMMISSION ON HIGHER EDUCATION; TO PROVIDE FOR THE STATE COMMISSION ON HIGHER EDUCATION TO PROMULGATE REGULATIONS AND PROVIDE FOR INTERIM REGULATIONS; AND TO REPEAL CHAPTER 61, TITLE 59, RELATING TO REGULATIONS PERTAINING TO COURSES OF INSTRUCTION.
Referred to Committee on Education and Public Works.
S. 868 -- Senators Giese, Courson, Lourie, Patterson, Rose, Wilson, Pope, Hinson, McGill, Thomas, Washington, Land and Bryan: A BILL TO AMEND SECTION 59-111-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE AN ELIGIBILITY REQUIREMENT PERTAINING TO A VETERAN'S REQUIRED PERIOD OF RESIDENCY IN THIS STATE.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Baxley Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, L. Fair Farr Felder Foster Fulmer Gentry Gonzales Harris, J. Harris, P. Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jaskwhich Jennings Johnson, J.C. Keegan Kempe Keyserling Kinon Kirsh Klapman Koon Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Rudnick Scott Sheheen Shirley Smith Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Wofford Young, R.
I came in after the roll call and was present for the Session on Thursday, May 16.
Edward Bennett Ken Bailey Steve Lanford Sarah Manly D. Elliott William Keesley Annette D. Young John J. Snow Joseph McElveen Tim Wilkes Charles Sharpe George H. Bailey Danny Bruce Jack Gregory Lenoir Sturkie Maggie W. Glover Jim Harrison James W. Johnson, Jr. Rick Quinn Thomas E. Huff Eugene Stoddard Harry Hallman David Wright Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. KIRSH a temporary leave of absence.
The SPEAKER granted Rep. HARWELL a leave of absence for the day.
The SPEAKER granted Reps. BOAN, MATTOS and McTEER a leave of the House due to a Conference Committee meeting.
The SPEAKER granted Reps. WILKINS, HAYES and WAITES a leave of the House due to a Conference Committee meeting.
Reps. BOAN, HUFF, McELVEEN and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 15.
Announcement was made that Dr. William Brannon of Columbia is the Doctor of the Day for the General Assembly.
Rep. COOPER, on behalf of the Anderson Delegation, presented students from Wren Primary, Wren Middle and Concrete Primary Schools and congratulated them as three of the thirteen teams representing South Carolina in the "Odyssey of the Mind" World Competition.
Rep. FELDER moved to reconsider the vote whereby the following Bill was given a second reading.
S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
Rep. KEMPE objected to the Bill.
Rep. WALDROP demanded the yeas and nays on the motion to reconsider, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, K. Baker Barber Baxley Beasley Beatty Bennett Brown, G. Brown, H. Brown, J. Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Cromer Elliott, L. Farr Felder Foster Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harrison Hayes Hendricks Holt Houck Inabinett Jennings Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Klapman Koon Manly Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCain McCraw McKay McLeod Neilson Nettles Rama Rhoad Rogers Rudnick Scott Sheheen Shirley Smith Stoddard Townsend Tucker Vaughn Waites Waldrop Whipper White Wilder Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Haskins Jaskwhich Littlejohn Meacham
So, the motion to reconsider was agreed to.
I'm abstaining from voting on S. 707. This legislation will have an affect on my income as a P&C writer.
Rep. MIKE FAIR
The following was received.
Columbia, S.C., May 15, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 62:
S. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
Very respectfully,
President
Rep. WILKINS moved to adjourn debate upon the question of insistence on the House amendments, which was adopted.
The following Bill was taken up, read the third time and ordered returned to the Senate with amendments.
S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.
The following Joint Resolutions and Bill were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 926 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 956 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 890 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-29-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTED CHARGES AND OTHER TERMS AND CONDITIONS OF LOANS MADE UNDER THE CONSUMER FINANCE LAW, SO AS TO REVISE FINANCE CHARGES AND INITIAL CHARGES ON CERTAIN LOANS, AND TO PROVIDE THAT CERTAIN DOLLAR AMOUNTS OF THIS SECTION MUST BE ADJUSTED FOR INFLATION IN THE SAME MANNER THAT ADJUSTMENTS FOR INFLATION ARE MADE UNDER THE CONSUMER PROTECTION CODE, TO AMEND SECTION 34-29-250, RELATING TO CRIMINAL PENALTIES FOR CONSUMER FINANCE LAW VIOLATIONS, SO AS TO AUTHORIZE THE BOARD OF FINANCIAL INSTITUTIONS TO ALSO ASSESS CIVIL PENALTIES FOR VIOLATIONS, AND TO REPEAL SECTION 34-29-230 RELATING TO REGULATORY PROVISIONS REGARDING PARTICULAR PERSONS ENGAGED IN THE LENDING BUSINESS.
Rep. L. MARTIN explained the Bill.
The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3978 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN OPTICIANRY, RELATING TO FEES AND REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1360, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3979 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO EXEMPTIONS FROM LICENSURE; EXAMINATIONS, SCHEDULING AND GRADING; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3704 -- Reps. Felder, Foster, K. Bailey, Bennett and McCain: A BILL TO CHANGE SOUTH CAROLINA STATE COLLEGE TO SOUTH CAROLINA STATE UNIVERSITY, EFFECTIVE JULY 1, 1991.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3716 -- Reps. Whipper, D. Williams, Wofford, Barber, Fulmer, R. Young, Rama, Hallman, D. Martin, Gonzales, Snow, Altman, White, Keegan, J. Williams, G. Bailey and A. Young: A BILL TO AMEND SECTION 59-130-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE BOARD TO CREATE THE UNIVERSITY OF CHARLESTON AND PROVIDE FOR OTHER RELATED MATTERS IN CONNECTION WITH THE CREATION OF THIS UNIVERSITY.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 15, by the Committee on Education and Public Works.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Rep. BAXLEY withdrew his objection to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WHIPPER, with unanimous consent, it was ordered that H. 3716 be read the third time tomorrow.
The SPEAKER granted Rep. WILDER a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.
Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.
H. 3832 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.
S. 236 -- Senators Rose and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 43 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR RETIRED MEMBERS OF THE UNITED STATES ARMED FORCES AND TO PROVIDE A PENALTY FOR A PERSON WHO COMMITS FRAUD IN THE APPLICATION FOR OR USE OF THE PLATE.
Rep. H. BROWN explained the Bill.
S. 622 -- Senator Hinds: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4715 SO AS TO ALLOW STATE FORESTRY COMMISSION VEHICLES TO USE RED FLASHING LIGHTS WHEN RESPONDING TO EMERGENCIES.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3631 be read the third time tomorrow.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
The following Bill was taken up.
H. 3531 -- Reps. Rama, J. Williams, H. Brown, G. Bailey, Barber, Whipper, T.C. Alexander, Klapman, Gonzales, R. Young, Beasley, Wofford, Waites, Rogers, J. Bailey, Keegan, Wright, Cork, L. Elliott, Houck, Burriss, M.O. Alexander, Cato, J.C. Johnson, Corning, McLeod, Kirsh, Wells, McGinnis, Rudnick and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45, SO AS TO PROVIDE FOR THE TIMELY PAYMENT OF CLAIMS DUE A LICENSED HEALTH CARE PROVIDER FROM ACCIDENT AND HEALTH INSURERS, TO PROVIDE FOR CONTESTED CLAIMS INCLUDING NOTICE REQUIREMENTS FOR TIMELY ACTION ON DISPUTED CLAIMS, TO PROVIDE THAT FAILURE OF AN INSURER TO PAY CONTESTED CLAIMS IN A TIMELY MANNER IS A BAD FAITH DENIAL UNLESS THE INSURER CAN PROVE ITS FAILURE TO PAY WAS IN GOOD FAITH, TO PROVIDE FOR LIABILITY FOR BAD FAITH DENIAL, TO PROVIDE FOR INTEREST ON DELAYED CLAIMS UNLESS THE INSURER PROVES ITS TIMELY FAILURE TO PAY WAS IN GOOD FAITH, AND TO PROVIDE FOR REFUNDS OF IMPROPER OR EXCESSIVE PAYMENTS, INCLUDING INTEREST ON REFUNDS.
Rep. L. MARTIN moved to continue the Bill, which was agreed to.
The following Bill was taken up.
S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
Reps. ROGERS and WHITE objected to the Bill.
Rep. WHITE withdrew her objection to the Bill.
Reps. D. MARTIN and KEYSERLING objected to the Bill.
Rep. T.C. ALEXANDER moved to reconsider the vote whereby Amendment No. 1, on S. 707 was adopted and the motion was noted.
Rep. G. BAILEY moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
The following Bill was taken up.
S. 237 -- Senator Martschink: A BILL TO AMEND SECTION 5-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL JURISDICTION OF COASTAL MUNICIPALITIES OVER PIERS AND OTHER STRUCTURES AND WATERS OF THE OCEAN WITHIN ONE MILE OF THE STRAND WITHIN THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A COASTAL MUNICIPALITY HAS CRIMINAL JURISDICTION OVER THE WATERS OF THE OCEAN AND INLETS.
Rep. HALLMAN explained the Bill.
Rep. HOLT moved to adjourn debate upon the Bill until Tuesday, May 21, which was adopted.
The following Bill was taken up.
S. 935 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-57-45 SO AS TO PROVIDE REQUIREMENTS FOR SOLICITATION MATERIAL BY INSURANCE AGENCIES, INSURERS, AND HEALTH MAINTENANCE ORGANIZATIONS.
Reps. T.C. ALEXANDER and NEILSON proposed the following Amendment No.1 (Doc Name L:\council\legis\amend\CYY\18609.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. Subarticle 1, Article 3, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-325. On the effective date of this section, in addition to any other requirements of law, no new individual major medical expense coverage policy, as defined in regulations promulgated by the commissioner, may be approved unless:
(1) Premium rates, after appropriate allowance for the actuarial value of the difference in benefits, for any such policy form first approved for use by the insurer in South Carolina within the two-year period immediately prior to the effective date of this section and any such policy form first approved for use after the effective date of this section do not exceed the premium rates for any other such policy form first approved for use during this period by more than thirty percent;
(2) The actuarial value of the difference in benefits set out in such policy forms of the insurer, as specified in an opinion by a qualified actuary or other qualified person acceptable to the commissioner, is reported not less often than once a year to the commissioner and used in demonstrating compliance with item (1) above.
(3) The anticipated (target) loss ratio for the combined experience for all the policy forms specified in item (1) must be equivalent to or greater than the most recent loss ratios detailed within the National Association of Insurance Commissioner's 'Guidelines for Filing of Rates for Individual Health Insurance Forms' or successor publications. The anticipated (target) loss ratio for the combined experience is defined as the average anticipated (target) loss ratio for all these policy forms included in the combined experience weighted by premium volume.
With respect to the policy form, the insurer shall have the right to file a loss ratio guarantee in accordance with the procedures specified in Section 38-71-310(E) or to request approval of any rate change before the use thereof, but the anticipated loss ratios of each policy form whether or not a loss ratio guarantee has been filed must be combined as provided in the preceding item (3).
The initial policy form proposed to be used by a domestic insurer after its organization under the laws of this State and the initial policy form proposed to be used by a foreign insurer after authorization by the commissioner to do business in this State may be disapproved by the commissioner if he determines that the rates proposed to be used with the policy form are set at a level substantially less than rates charged by other insurers in this State offering comparable coverage.
Nothing contained in this section may be construed to prevent the use of age, sex, area, industry, occupational, and avocational factors or to prevent the use of different rates for smokers and nonsmokers or for any other habit or habits of an insured person which have a statistically proven effect on the health of the person and are approved by the commissioner. Also, nothing contained in this section shall preclude the establishment of a substandard classification based upon the health condition of the insured, but the initial classification may not be changed adversely to the applicant after initial issue.
The commissioner has the right, upon application by any insurer, to grant relief, for good cause shown, from any requirement of this section."
SECTION 3. Subarticle 5, Article 3, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-650. Any person purchasing an individual accident, health, or accident and health insurance policy after July 1, 1991, shall have the right to transfer to any individual policy of equal or lesser benefits offered for sale by the insurer at the time the transfer is sought. Any special provision excluding coverage for a specified condition may remain after transfer, and any waiting period or preexisting condition period specified in the policy to which the transfer is made may be required to be served after the transfer."
SECTION 4. Sections 38-71-710 through 38-71-810 of the 1976 Code are designated as Article 5, Subarticle 1, General Provisions.
SECTION 5. Article 5, Chapter 71, Title 38 of the 1976 Code is amended by adding:
Section 38-71-910. The intent of this subarticle is to promote the availability of health insurance coverage to small employers, to prevent abusive rating practices, to require disclosure of rating practices to purchasers, to establish rules for continuity of coverage for employers and covered individuals, and to improve the efficiency and fairness of the small group health insurance marketplace.
Section 38-71-920. As used in this subarticle:
(1) 'Small employer' means any person, firm, corporation, partnership, or association actively engaged in business who, on at least fifty percent of its working days during the preceding year, employed no more than twenty-five eligible employees. In determining the number of eligible employees, companies which are affiliated companies or which are eligible to file a combined tax return for purposes of state taxation must be considered one employer.
(2) 'Insurer' means any person who provides health insurance in this State. For the purposes of this subarticle, insurer includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, or any other person providing a plan of health insurance subject to state insurance regulation.
(3) 'Health insurance plan' or 'plan' means any hospital or medical expense incurred policy or certificate, hospital, or medical service plan contract, or health maintenance organization subscriber contract. Health insurance plan does not include accident-only, credit, dental, or disability-income insurance; coverage issued as a supplement to liability insurance; worker's compensation or similar insurance; or automobile medical-payment insurance.
(4) 'Small employer insurer' means an insurer which offers health insurance plans covering the employees of a small employer.
(5) 'Case characteristics' means demographic or other relevant characteristics of a small employer, as determined by a small employer insurer, which are considered by the insurer in the determination of premium rates for the small employer. Claim experience, health status, and duration of coverage since issue are not case characteristics for the purposes of this subarticle.
(6) 'Commissioner' means the Chief Insurance Commissioner.
(7) 'Department' means the Department of Insurance.
(8) 'Base premium rate' means, for each class of business as to a rating period, the lowest premium rate charged or which could have been charged under a rating system for that class of business, by the small employer insurer to small employers with similar case characteristics for health insurance plans with the same or similar coverage.
(9) 'New business premium rate' means, for each class of business as to a rating period, the premium rate charged or offered by the small employer insurer to small employers with similar case characteristics for newly issued health insurance plans with the same or similar coverage.
(10) 'Index rate' means for each class of business for small employers with similar case characteristics the arithmetic average of the applicable base premium rate and the corresponding highest premium rate.
(11) 'Class of business' means all or a distinct grouping of small employers as shown on the records of the small employer insurer.
(a) A distinct grouping may be established only by the small employer insurer on the basis that the applicable health insurance plans:
(i) are marketed and sold through individuals and organizations which are not participating in the marketing or sale of other distinct groupings of small employers for such small employer insurer;
(ii) have been acquired from another small employer insurer as a distinct grouping of plans;
(iii) are provided through an association with membership of not less than fifty small employers which have been formed for purposes other than obtaining insurance; or
(iv) are in a class of business that meets the requirements for exception to the restrictions related to premium rates provided in Section 4(A)(1)(a).
(b) A small employer insurer may establish no more than two additional groupings under each of the subparagraphs in subitem (a) on the basis of underwriting criteria which are expected to produce substantial variation in the health care costs.
(c) The commissioner may approve the establishment of additional distinct groupings upon application to the commissioner and a finding by the commissioner that that action would enhance the efficiency and fairness of the small employer insurance marketplace.
(12) 'Actuarial certification' means a written statement by a member of the American Academy of Actuaries or other individual acceptable to the commissioner that a small employer insurer is in compliance with the provisions of Section 38-71-940, based upon the person's examination, including a review of the appropriate records and of the actuarial assumptions and methods utilized by the insurer in establishing premium rates for applicable health insurance plans.
(13) 'Rating period' means the calendar period for which premium rates established by a small employer insurer are assumed to be in effect, as determined by the small employer insurer.
Section 38-71-930. (A) Except as provided in subsection (B), the provisions of this subarticle apply to any health insurance plan which provides coverage to one or more employees of a small employer.
(B) The provisions of this subarticle do not apply to individual health insurance policies which are subject to policy form and premium rate approval as may be provided in Title 38.
Section 38-71-940. (A) Premium rates for health insurance plans subject to this subarticle are subject to:
(1) The index rate for a rating period for any class of business may not exceed the index rate for any other class of business by more than twenty percent.
The provisions of this item do not apply to a class of business if all of the following apply:
(a) the class of business is one for which the insurer does not reject, and never has rejected, small employers included within the definition of employers eligible for the class of business or otherwise eligible employees and dependents who enroll on a timely basis, based upon their claim experience or health status.
(b) The insurer does not transfer involuntarily, and never has involuntarily transferred, a health insurance plan into or out of the class of business.
(c) The class of business is currently available for purchase.
(2) For a class of business, the premium rates charged during a rating period to small employers with similar case characteristics for the same or similar coverage, or the rates which could be charged to these employers under the rating system for that class of business, may not vary from the index rate by more than twenty-five percent of the index rate.
(3) The percentage increase in the premium rate charged to a small employer for a new rating period may not exceed the sum of:
(a) The percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period. In the case of a class of business for which the small employer insurer is not issuing new policies, the insurer shall use the percentage change in the base premium rate.
(b) An adjustment, not to exceed fifteen percent annually and adjusted pro rata for rating periods of less than one year, due to the claim experience, health status, or duration of coverage of the employees or dependents of the small employer as determined from the insurer's rate manual for the class of business.
(c) Any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the insurer's rate manual for the class of business.
(4) In the case of health insurance plans issued prior to the effective date of this subarticle, a premium rate for a rating period may exceed the ranges described in subsection (A)(1) or (2) for five years following the effective date of this subarticle. In that case, the percentage increase in the premium rate charged to a small employer in such a class of business for a new rating period may not exceed the sum of:
(a) The percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period. In the case of a class of business for which the small employer insurer is not issuing new policies, the insurer shall use the percentage change in the base premium rate.
(b) Any adjustment due to change in coverage or change in the case characteristics of the small employer as determined from the insurer's rate manual for the class of business.
(B) Nothing in this section is intended to affect the use by a small employer insurer of legitimate rating factors other than claim experience, health status, or duration of coverage in the determination of premium rates. Small employer insurers shall apply rating factors, including case characteristics, consistently with respect to all small employers in a class of business.
(C) A small employer insurer may not transfer involuntarily a small employer into or out of a class of business. A small employer insurer may not offer to transfer involuntarily a small employer into or out of a class of business, unless the offer is made to transfer all small employers in the class of business without regard to case characteristics, claim experience, health status, or duration since issue.
Section 38-71-950. (A) Except as provided in subsection (B), a health insurance plan subject to this subarticle is renewable to all eligible employees and dependents at the option of the small employer, except for:
(1) nonpayment of required premiums;
(2) fraud or material misrepresentation of the small employer, or, with respect to coverage of an insured individual, fraud, or material misrepresentation by the insured individual or the individual's representative. If the fraud or material misrepresentation is made by a person with respect to any person's prior health condition, the insurer shall have the right also to deny coverage to that person or to impose as a condition of continued coverage the exclusion of the condition misrepresented.
(3) noncompliance with plan provisions;
(4) the number of individuals covered under the plan is less than the number or percentage of eligible individuals required by percentage requirements under the plan; or
(5) the small employer is no longer actively engaged in the business in which it was engaged on the effective date of the plan.
(B) A small employer insurer may cease to renew all plans under a form within a class of business or may cease to renew all plans under a class of business. In either case the insurer shall provide notice to all affected health insurance plans and to the commissioner in each state in which an affected insured individual is known to reside at least ninety days before termination of coverage. An insurer which exercises its right to cease to renew all plans under a form within a class of business may not transfer or otherwise provide coverage to any of the employers from the nonrenewed form or class of business unless the insurer offers to transfer or provide coverage to all affected employers and eligible employees and dependents without regard to case characteristics, claim experience, health status, or duration of coverage. In addition, any insurer which exercises its right to cease to renew all plans within a class of business may not establish a new class of business for five years after the nonrenewal of the plans without prior approval of the commissioner.
Section 38-71-960. Each small employer insurer shall make reasonable disclosure in solicitation and sales materials provided to small employers of:
(1) the extent to which premium rates for a specific small employer are established or adjusted due to the claim experience, health status, or duration of coverage of the employees or dependents of the small employer;
(2) the provisions concerning the insurer's right to change premium rates and the factors, including case characteristics, which affect changes in premium rates;
(3) a description of the class of business in which the small employer is or will be included, including the applicable grouping of plans;
(4) the provisions relating to renewability of coverage.
Section 38-71-970. (A) A small employer insurer shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation which demonstrate that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles.
(B) Each small employer insurer shall file each March first with the commissioner an actuarial certification certifying that the insurer is in compliance with this section and that the rating methods of the insurer are actuarially sound. A copy of the certification must be retained by the insurer at its principal place of business.
(C) A small employer insurer shall make the information and documentation described in subsection (A) available to the commissioner upon request. The information must be considered proprietary and trade secret information and is not subject to disclosure by the commissioner to persons outside of the department except as agreed to by the insurer or as ordered by a court of competent jurisdiction.
Section 38-71-980. The commissioner may suspend all or any part of Section 38-71-940 as to the premium rates applicable to one or more small employers for one or more rating periods upon a filing by the small employer insurer and a finding by the commissioner that either the suspension is reasonable in light of the financial condition of the insurer or that the suspension would enhance the efficiency and fairness of the marketplace for small employer health insurance.
Section 38-71-990. The provisions of this subarticle apply to each health insurance plan for a small employer that is delivered, issued for delivery, renewed, or continued in this State after the effective date of this subarticle. For purposes of this section, the date a plan is continued is the first rating period which commences after the effective date of this subarticle."
SECTION 6. Section 38-71-730(3) of the 1976 Code is amended to read:
"(3) For groups of twenty-five or more persons no evidence of individual insurability may be required at the time the person first becomes eligible for insurance or within thirty-one days thereafter except for any insurance supplemental to the basic coverage for which evidence of individual insurability may be required. With respect to trusteed groups the phrase 'groups of twenty-five' must be applied on a participating unit basis for the purpose of requiring individual evidence of insurability. Except as hereinafter provided, for all groups, no evidence of individual insurability may be required at the time the person first becomes eligible for insurance or within thirty-one days thereafter. Nothing in this section precludes the obtaining of medical information with respect to the members of the group for use in determining the insurability of the group, but the information may not be used to exclude an individual from coverage. However, for groups of ten or less persons, evidence of individual insurability may be required for persons first becoming eligible for insurance after the effective date of the policy. An insurer may exclude these persons from coverage or may impose those condition riders, preexisting condition limitations, or waiting periods as are in accordance with law."
SECTION 7. Section 38-71-730(4) of the 1976 Code is amended to read:
"(4) The policies may contain a provision limiting coverage for preexisting conditions. The preexisting conditions must be covered no later than twelve months without medical care, treatment, or supplies ending after the effective date of the coverage or twelve months after the effective date of the coverage, whichever occurs first. Preexisting conditions are defined as 'those conditions for which medical advice or treatment was received or recommended no more than twelve months prior to before the effective date of a person's coverage.' However, whenever a covered person moves from one insured group to another, and is neither excluded from coverage nor subject to the imposition of preexisting condition limitations as permitted by Section 38-71-730(3), the insurer of the group to which the covered person moves shall give credit for the satisfaction of the preexisting condition period or portion thereof already served under the prior plan if the coverage is selected when the person first becomes eligible and the coverage is continuous. Service under a probationary period required by the employer is not considered to interrupt continuous service."
SECTION 8. Section 38-71-760(k) of the 1976 Code is amended to read:
"(k) The carrier responsible for liability in those instances in which one carrier's contract replaces a plan of similar benefits of another must be indicated. A replacement carrier is considered to be a succeeding carrier within the meaning of this section if the effective date of the coverage provided by it is sixty-two days or less after the date of termination of coverage of the prior carrier."
SECTION 9. Section 38-71-760(m) of the 1976 Code is amended to read:
"(m) This subsection applies to all groups. with thirteen or more enrolled employees. It also applies to all groups with less than thirteen employees unless a prominent notice which has been filed with and approved by the Commissioner as to form is given to and signed by the policyholder which serves to warn the policyholder that this subsection does not apply.
(1) Each person who is eligible for coverage in accordance with the succeeding carrier's plan of benefits with respect to classes eligible and activity at work and nonconfinement rules must be covered by that carrier's plan of benefits.
(2) Each person not covered under the succeeding carrier's plan of benefits in accordance with item (1) of this subsection (m) nevertheless must be covered by the succeeding carrier in accordance with the following rules if the individual was validly covered, including benefit extension, under the prior plan on the date of discontinuance and if the individual is a member of the class of individuals eligible for coverage under the succeeding carrier's plan. Any reference in the following rules to an individual who was or was not totally disabled is a reference to the individual's status immediately prior to the date the succeeding carrier's coverage becomes effective.
(A) The minimum level of benefits to be provided by the succeeding carrier must be the applicable level of benefits of the succeeding carrier's plan reduced by any benefits payable by the prior plan.
(B) Coverage must be provided by the succeeding carrier until at least the earliest of the following dates:
(i) The date the individual becomes eligible under the succeeding carrier's plan as described in item (1) of this subsection (m).
(ii) For each type of coverage, the date the individual's coverage would terminate in accordance with the succeeding carrier's plan provisions applicable to individual termination of coverage, such as at termination of employment or ceasing to be an eligible dependent, as the case may be.
(iii) In the case of an individual who was totally disabled, and in the case of a type of coverage for which subsections (f) through (j) of this section require an extension of accrued liability, the end of any period of extension or accrued liability which is required of the prior carrier by those subsections or, if the prior carrier's policy or contract is not subject to those subsections, would have been required of that carrier had its policy or contract been subject to those subsections at the time the prior plan was discontinued and replaced by the succeeding carrier's plan.
(3) In the case of a preexisting conditions limitation included in the succeeding carrier's plan, the level of benefits applicable to preexisting conditions of persons becoming covered by the succeeding carrier's plan in accordance with this subsection (m) during the period of time this limitation applies under the new plan must be the lesser of:
(A) The benefits of the new plan determined without application of the preexisting conditions limitation; and
(B) The benefits of the prior plan.
(4) The succeeding carrier, in applying any deductibles or waiting periods in its plan, shall give credit for the satisfaction or partial satisfaction of the same or similar provisions under a prior plan providing similar benefits. In the case of deductible provisions, the credit must apply for the same or overlapping benefit periods and must be given for expenses actually incurred and applied against the deductible provisions of the prior carrier's plan during the ninety days preceding the effective date of the succeeding carrier's plan but only to the extent these expenses are recognized under the terms of the succeeding carrier's plan and are subject to similar deductible provisions.
(5) In any situation where a determination of the prior carrier's benefit is required by the succeeding carrier, at the succeeding carrier's request the prior carrier shall furnish a statement of the benefits available or pertinent information sufficient to permit verification of the benefit determination or the determination itself by the succeeding carrier. For the purposes of this section, benefits of the prior plan are determined in accordance with all of the definitions, conditions, and covered expense provisions of the prior plan rather than those of the succeeding plan. The benefit determination must be made as if coverage had not been replaced by the succeeding carrier."
SECTION 10. The first paragraph of Section 38-71-770 of the 1976 Code, as last amended by Act 127 of 1989, is further amended to read:
"A group policy issued for delivery or renewed in this State which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred basis must provide that an employee or member who has been continuously insured continuously under the group policy for at least six months whose insurance under the group policy has been terminated for any reason other than nonpayment of the required contribution is entitled to continue coverage under the group policy for the fractional policy month remaining at termination plus six additional policy months. A group policy is considered to be a successor policy within the meaning of this section if the effective date of the coverage provided by it is sixty-two days or less after the date of termination of coverage of the prior carrier. The employee or member is not entitled to have his coverage continued if the employee or member was entitled under federal law to continuation of his coverage for a period of greater duration than provided herein by this section. Continuation of coverage is subject to the group policy or a successor policy remaining in force and the employee paying the entire group premium, including any portion usually paid by the former employer, before the date each month that the group policy month begins. Policies which provide benefits for other than hospital, surgical, major medical, or which provide benefits for specific diseases or the accidental injuries only are not affected by this section."
SECTION 11. The provisions of Section 2, Section 3 and Section 5 of this act take effect January 1, 1992. The remaining provisions of this act take effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that S. 935 be read the third time tomorrow.
The following Bill was taken up.
H. 3513 -- Reps. Keegan, Sharpe, Corbett, M. Martin, Smith, D. Elliott, Littlejohn, Gonzales, Marchbanks, Beasley, Haskins, Rama, A. Young, Meacham and Bruce: A BILL TO AMEND SECTIONS 61-5-60 AND 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR SUSPENSION OR REVOCATION OR NONRENEWAL OF A LICENSE TO SELL ALCOHOLIC LIQUORS AND THE ACTS WHICH ARE PROHIBITED ON PREMISES LICENSED TO SELL BEER AND WINE, SO AS TO PROHIBIT BOTTOMLESS ENTERTAINMENT AT PREMISES LICENSED TO SELL ALCOHOLIC BEVERAGES AND BEER AND WINE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11717.DW), which was adopted.
Amend the bill, as and if amended, Section 61-9-410(4), as contained in SECTION 2, line 36, by inserting after /practices/ /. This includes, but is not limited to, entertainment, conduct, or practices/ so that when amended Section 61-9-410(4) shall read:
/(4) permit any lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;/
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. L. MARTIN, with unanimous consent, it was ordered that H. 3513 be read the third time tomorrow.
The following Bill was taken up.
H. 3797 -- Rep. Hodges: A BILL TO AMEND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CERTAIN ORGANIZATIONS FROM CORPORATE LICENSE FEES AND RELATED PROVISIONS, SO AS TO ALSO EXEMPT STATE-CHARTERED CREDIT UNIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11726.DW), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 34-27-300. Credit unions chartered under the laws of South Carolina pursuant to Section 34-27-40 are exempt from business license taxes."/
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
H. 3797 passed on a voice vote. I voted no.
Rep. CANDY WAITES
The following Bill was taken up.
H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.
Reps. ROGERS, CROMER and BURRISS objected to the Bill.
The following Bill was taken up.
H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11719.DW).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 30-4-50 of the 1976 Code is amended to read:
"Section 30-4-50. (A) Without limiting the meaning of other sections of this chapter, the following categories of information are specifically made public information subject to the restrictions and limitations of Sections 30-4-20, 30-4-40 and 30-4-70 of this chapter:
(1) The names, sex, race, title and dates of employment of all employees and officers of public bodies;
(2) Administrative staff manuals and instructions to staff that affect a member of the public;
(3) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(4) Those statements of policy and interpretations of policy, statute and the Constitution which have been adopted by the public body;
(5) Written planning policies and goals and final planning decisions;
(6) Information in or taken from any account, voucher or contract dealing with the receipt or expenditure of public or other funds by public bodies;
(7) The minutes of all proceedings of all public bodies and all votes at such proceedings, with the exception of all such minutes and votes taken at meetings closed to the public pursuant to Section 30-4-70.
(8) Incident reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where an incident report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the incident report.
(B) No information contained in a police incident report or in an employee salary schedule revealed in response to a request pursuant to this chapter may be utilized for commercial solicitation. However, this provision must not be interpreted to restrict access by the public and press to information contained in public records."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McELVEEN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 417 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
On motion of Rep. WILKES, with unanimous consent, the Senate amendments to the following Bill were taken up for consideration.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. CROMER moved that the House recur to the morning hour, which was not agreed to by a division vote of 7 to 43.
Rep. CORBETT asked unanimous consent to recall H. 3197 from the Senate.
Rep. J. BROWN objected.
On motion of Rep. RAMA, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 835 -- Senators Martschink and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.
On motion of Rep. WILKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 371 -- Senator Setzler: A BILL TO AMEND SECTION 29-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE THAT THE AGGREGATE AMOUNT OF ANY LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER AGAINST A SUBCONTRACTOR TO WHOM THE SUB-SUBCONTRACTOR OR SUPPLIER HAS SUPPLIED LABOR, MATERIAL, OR SERVICES SHALL NOT EXCEED THE AMOUNT DUE BY THE CONTRACTOR TO THAT SUBCONTRACTOR; AND TO AMEND SECTION 29-5-60, RELATING TO MECHANICS LIENS, SO AS TO PROVIDE FOR A PRORATED PAYMENT TO LIENORS IN THE EVENT THE AMOUNT DUE A SUBCONTRACTOR BY THE CONTRACTOR IS INSUFFICIENT TO PAY ALL LIENORS.
On motion of Rep. BENNETT, with unanimous consent, the Senate amendments to the following Bill were taken up for consideration.
H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
The Senate amendments were agreed to, and the Bill, having received three reading in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up.
H. 3939 -- Reps. Phillips, Farr, Neilson, L. Elliott, Wells, J.C. Johnson, Quinn, Sharpe, Scott, Gonzales, Wells, McCraw, Bruce, Foster, Littlejohn, Kempe, Kinon, Klapman, Jennings, Wright, A. Young, Chamblee, Marchbanks, Ross, McGinnis, T.C. Alexander, Smith, R. Young, Shirley, Haskins, G. Bailey, Fair, Cooper, Corbett and J. Brown: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS NOT TO ENACT THE RECOMMENDATIONS OF SECRETARY OF DEFENSE RICHARD B. CHENEY WHICH PROPOSE TO REDUCE SUBSTANTIALLY THE NUMBER OF JUNIOR ROTC UNITS IN THE HIGH SCHOOLS THROUGHOUT THE UNITED STATES.
Whereas, the members of the General Assembly have learned with alarm that Secretary of Defense Richard B. Cheney as part of his plan to reduce defense spending, has recommended that eighty of the approximately three hundred Junior ROTC units in the high schools throughout the United States be eliminated; and
Whereas, this recommendation would have many adverse consequences including a reduction in the number of young men and women who are exposed to the Armed Services in a time when the manpower for the Armed Services comes completely from volunteers and also the fact that the number of young men and women enlisting in or joining the Armed Forces has dropped substantially in recent months and to eliminate over twenty-five percent of JROTC units at this time would substantially increase this problem; and
Whereas, for many years both Army and Air Force Junior ROTC units have been an integral part of the life and training of teenagers who need these leadership opportunities at a very young, impressionable age; and
Whereas, given the relatively small dollar savings that can be derived from this reduction, it would appear that these reductions would not appreciably help in reducing defense costs but on the other hand would have a tremendous cost in terms of opportunities lost; and
Whereas, the members of the General Assembly, by this resolution, state their belief that for the above reasons no reductions in the number of Junior ROTC units throughout the United States should be made. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby memorialize Congress not to enact the recommendations of Secretary of Defense Richard B. Cheney which propose to reduce substantially the number of Junior ROTC units in the high schools throughout the United States.
Be it further resolved that a copy of this resolution be forwarded to each United States Senator from South Carolina, each member of the House of Representatives from South Carolina, the Senate of the United States and the House of Representatives of the United States.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3954 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE PETER T. "PETE" BRADHAM OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the Honorable Peter T. "Pete" Bradham of Clarendon County died on April 16, 1991, at the age of eighty-nine; and
Whereas, he was born in Manning, was a lifelong resident of Clarendon County, graduated from Manning High School, and attended Furman University; and
Whereas, he served as county auditor for ten years and as clerk of court and probate judge for forty years; and
Whereas, he also filled an unexpired term from 1949-50 as Secretary of State of South Carolina; and
Whereas, throughout his life, he was active in civic, community, and church matters; and
Whereas, he was a dedicated public servant who gave freely of his time, energy, and talents for good government; and
Whereas, the members of the General Assembly want his family and his many friends to know that they are in our thoughts and have our deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, expresses sorrow at the death of the Honorable Peter T. "Pete" Bradham of Clarendon County and extends sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to the Bradham family, in care of Mrs. Peter T. Bradham of Manning; and the Honorable Jim Miles, Secretary of State; the Honorable Strom Thurmond, United States Senator; and the Honorable Joseph W. Coker, Clerk of Court of Clarendon County.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.
The following Concurrent Resolution was taken up.
S. 193 -- Senator Rose: A CONCURRENT RESOLUTION TO MEMORIALIZE THE DEPARTMENT OF EDUCATION TO REQUEST THAT PUBLIC SCHOOL DISTRICTS IN SOUTH CAROLINA REQUIRE THE CURRICULUM OF ALL PUBLIC SCHOOLS TO INCLUDE, AMONG OTHER THINGS, STUDIES IN THE DUTIES AND OBLIGATIONS OF CITIZENSHIP.
Whereas, public school districts in South Carolina should encourage that the curriculum of all public schools include studies in the duties and obligations of citizenship and patriotism. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina request the Department of Education to encourage that all public school districts as a part of each school's annual curriculum provide that students be instructed in the duties and obligations of citizenship; the nature and values of patriotism, Americanism, and charitable volunteerism; the sacrifices made by veterans of the armed services of the United States; and respect for and obedience to the law.
Be it further resolved that instruction should also be encouraged to be given periodically in public schools about the history of the flags of the United States and South Carolina, what they represent, and the proper display thereof and respect therefor.
Be it further resolved that a copy of this resolution be forwarded to the Department of Education.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 480 -- Senators Saleeby, Land, McConnell, Mullinax and Pope: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CORRECT THE DISPARATE TREATMENT OF INSURED AND SELF-FUNDED HEALTH CARE BENEFITS BY PERMITTING STATE REGULATION OF SELF-FUNDED HEALTH CARE PLANS.
Whereas, the 1974 Federal Employee Retirement Income Security Act subjects "insured" health care plans to state regulation while exempting "self-funded" health care plans; and
Whereas, the preemption provision of this federal act prevents the General Assembly from enacting laws to protect participants of "self-funded" plans who may not be protected adequately under the limited federal standards; and
Whereas, the lack of state regulation places participants of "self-funded" health care plans at a greater risk than those enrolled in "insured" plans. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina memorialize Congress to correct the disparate treatment of "insured" and "self-funded" health care benefits by permitting state regulation of "self-funded" health care plans.
Be it further resolved that a copy of this resolution be forwarded to the members of this state's congressional delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 913 -- Senator Nell W. Smith: A CONCURRENT RESOLUTION TO DESIGNATE JUNE 10-16, 1991, AS "PEDIATRIC AIDS AWARENESS WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, more than 157,525 individuals in the United States have been diagnosed with acquired immune deficiency syndrome, commonly known as AIDS, and 98,530 have died from the disease; and
Whereas, the Public Health Service has estimated that there will be 365,000 cases of AIDS by the end of 1992 and that there are currently between 1,000,000 and 1,500,000 persons in the United States infected with the human immunodeficiency virus, commonly known as HIV, which causes AIDS; and
Whereas, heterosexual AIDS is not a myth as evidenced by the fact that a proportion of females with AIDS continues to rise, as does the number of pediatric AIDS cases of children infected perinatally; and
Whereas, pediatric AIDS refers to AIDS patients under the age of thirteen years at the time of being diagnosed with the disease; and
Whereas, the Center of Disease Control has reported 2,734 cases of pediatric AIDS in the United States resulting in 1,423 deaths as of November 1990; and
Whereas, approximately seventy-five percent of teenagers in the United States have had sexual intercourse by the age of 19; and
Whereas, among the 25,000,000 adolescents between the ages of thirteen and nineteen years there are subgroups who either have intercourse at an earlier age, or whose patterns of sexual behavior put them at risk of becoming infected with HIV; and
Whereas, HIV-infected women can transmit the virus to their infants during pregnancy or at birth; and
Whereas, more than eighty percent of children with AIDS have a parent with, or at risk for, HIV infection; and
Whereas, seventy percent of women who are HIV-infected and seventy-eight percent of children with pediatric AIDS are African-American or Latino, many of whom have experienced social and economic discrimination; and
Whereas, in South Carolina, a total of 1,277 AIDS cases were reported from January 1, 1981, through February 28, 1991, with 771 of those resulting in death. Four thousand six hundred eighty-five HIV infections have been reported from May 1, 1985, through February 28, 1991; and
Whereas, as many as 204 AIDS and 710 HIV cases have been reported in Charleston County, 94 AIDS and 403 HIV cases in Greenville County, 199 AIDS and 811 HIV cases in Richland County, and as many as 35 AIDS and 214 HIV cases reported in Spartanburg County; and
Whereas, of the 1,277 AIDS cases reported in South Carolina, 23 AIDS and 66 HIV cases represent children under the age of 13; and
Whereas, the number of cases reported in South Carolina for AIDS has grown from as few as 10 in 1982, to as many as 343 in 1989, and 267 in 1990. HIV infections grew from 241 in 1985, to as many as 1,200 in 1990; and
Whereas, schools across the nation continue to discriminate against AIDS and HIV-infected children and their families; and
Whereas, there are increasing numbers of HIV-infected children, and it is important that the people of South Carolina diligently seek preventive measures and better solutions to care for HIV-infected pregnant women, including helping them gain access to new delaying and preventative therapies to allow time for biomedical progress; and
Whereas, early intervention and educational resources must be made available to all citizens, especially adolescents, women who are drug abusers, and other high-risk groups to make them more aware of AIDS and the risks associated with engaging in unprotected sexual activity; and
Whereas, the South Carolina Health and Human Services Finance Commission and the South Carolina Department of Health should work with appropriate state officials to help design optimal care packages needed for children with AIDS or HIV infections; and
Whereas, South Carolina and its political subdivisions should recognize relatives as an appropriate source of foster care for children with AIDS whose parents can no longer care for them, subject to the same review and afforded the same benefits as other foster parents. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly designate June 10-16, 1991, as "Pediatric AIDS Awareness Week" and request the Governor to call upon the people of this State to observe the week with appropriate ceremonies and activities.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 967 -- Senators Mitchell, Macaulay, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Martin, Martschink, Matthews, McConnell, McGill, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A CONCURRENT RESOLUTION REQUESTING THE STATE HOUSE COMMITTEE TO TAKE THE NECESSARY STEPS TO ARRANGE FOR AND PLACE A TABLET IN THE SECOND FLOOR LOBBY OF THE STATE HOUSE IN HONOR OF TWO OF SOUTH CAROLINA'S DISTINGUISHED MEDAL OF HONOR RECIPIENTS, CORPORAL FREDDIE STOWERS, WORLD WAR I, AND ADMIRAL WILLIAM ADGER MOFFETT, VERA CRUZ.
Whereas, South Carolina is extremely proud of Corporal Freddie Stowers of Sandy Springs, South Carolina, the first black soldier from World War I or World War II to receive the distinguished Medal of Honor; and
Whereas, Corporal Stowers was mortally wounded on September 28, 1918, in France while leading his company on a charge on a German-held hill; and
Whereas, the twenty-one year old Stowers, though severely wounded, took charge bravely leading his men, who at his urging went on to capture the hill; and
Whereas, on April 24, 1991, seventy-three years after his heroic efforts and gallant leadership, Corporal Stowers was posthumously awarded the Medal of Honor by President Bush on behalf of the Congress of the United States; and
Whereas, his award was presented to Corporal Stowers' two surviving sisters, Mary Bowers of Greenville, South Carolina, and Georgiana Palmer of Richmond, California; and
Whereas, it is very fitting and proper that Corporal Stowers' honor and achievement be recognized and that he join the ranks of South Carolina's other distinguished soldiers by placing his name on a tablet in the State House lobby; and
Whereas, William Adger Moffett, Admiral, United States Navy, was born in Charleston, South Carolina, and received the Medal of Honor for his distinguished conduct in battle engagements of Vera Cruz; and
Whereas, Admiral Moffett, without the assistance of a pilot or navigational lights, brought his ship into the inner harbor at Vera Cruz during the night of April 21-22, 1914, where he skillfully moored his ship in a strategic position nearest the enemy and conducted a critical attack, doing most of the firing and receiving most of the hits; and
Whereas, he was Chief of Naval Aviation after World War I and was an outstanding leader in naval aviation; and
Whereas, he was killed in the crash of the United States airship Akron in 1933; and
Whereas, Moffett Field in California was named in his honor; and
Whereas, Admiral Moffett was an heroic and gallant naval leader and an outstanding native son; and
Whereas, his name was omitted inadvertently from an earlier tablet placed in the State House lobby recognizing South Carolina's Medal of Honor recipients; and
Whereas, it is fitting that this error be corrected and recognition properly given to this distinguished South Carolinian, Admiral Moffett; and
Whereas, the members of the General Assembly are extremely proud of the leadership and bravery of Corporal Stowers and Admiral Moffett and are honored to have this opportunity to recognize these distinguished native sons; and
Whereas, the suggested wording for the tablet to honor these men is attached to this resolution and incorporated by reference; and
Whereas, the members of the General Assembly do sincerely hope and urge the State House Committee to arrange for and place a tablet in the second floor lobby of the State House honoring these Medal of Honor recipients. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, request the State House Committee to take the necessary steps to arrange for and have a tablet placed in the second floor lobby of the State House in honor of Corporal Freddie Stowers and Admiral William Adger Moffett.
Be it further resolved that a copy of this resolution be forwarded to each member of the State House Committee and to the families of these men.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The Motion Period was dispensed with on motion of Rep. J.W. JOHNSON.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 957 -- Senators Shealy, Moore, Setzler and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS, THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES DEPARTMENT OF ENERGY TO SELECT THE SAVANNAH RIVER SITE IN AIKEN COUNTY, SOUTH CAROLINA, AS THE SITE FOR THE CONSTRUCTION AND OPERATION OF THE PROPOSED PRODUCTION REACTOR.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 989 -- Senators Lourie, Passailaigue, Washington and McConnell: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENACT SENATE BILLS 942 AND 943 GIVING PRIORITY FOR PLANTING AND MAINTAINING TREES UNDER FEDERAL FORESTRY PROGRAMS TO AREAS THAT HAVE SUFFERED TREE LOSS DUE TO ENVIRONMENTAL DISASTERS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3981 -- Rep. J. Harris: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD #S13-340 LOCATED IN CHESTERFIELD COUNTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 4006 -- Reps. P. Harris, Chamblee, Tucker, T.C. Alexander, Cooper, Shirley and Ross: A CONCURRENT RESOLUTION TO COMMEND MS. LAURIE ANNE TOWNSEND OF ANDERSON FOR HER MANY ACCOMPLISHMENTS, HER ACADEMIC HONORS, AND HER EXEMPLARY VOLUNTEER SERVICE AND TO RECOGNIZE THE DEDICATION AND HARD WORK PRESENT IN ALL HER ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4007 -- Rep. Baxley: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL ASSOCIATION OF CONSUMER AGENCY ADMINISTRATORS TO SOUTH CAROLINA FOR ITS SIXTEENTH ANNUAL CONFERENCE AT HILTON HEAD JUNE 9-12, 1991, TO WISH THEM A SUCCESSFUL CONFERENCE, AND TO COMMEND STEVEN W. HAMM AND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR BRINGING THIS ASSOCIATION TO SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
H. 4008 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1991, AND TO ELECT A SUCCESSOR TO WILLIAM L. BETHEA, JR., MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, WHOSE TERM EXPIRES IN 1992.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint session in the hall of the House at 12:00 noon on Wednesday, May 29, 1991, for the purpose of electing members of the Board of Trustees of South Carolina State College and Wil Lou Gray Opportunity School to succeed those members whose terms expire in 1991, and to elect a successor to William L. Bethea, Jr., Member of the Board of Trustees of the University of South Carolina, whose term expires in 1992.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to the appropriate committee:
H. 4009 -- Rep. Cooper: A JOINT RESOLUTION TO PROHIBIT THE EXPENDITURE OF FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY AND FROM THE STATE HIGHWAY FUND TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNTIL A TRAFFIC CONTROL SIGNAL IS INSTALLED AT THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 86 AND S4-53 IN ANDERSON COUNTY.
Referred to Committee on Ways and Means.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3305 -- Rep. McElveen: A BILL TO AMEND SECTIONS 30-4-20, 30-4-40, AND 30-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF PUBLIC RECORD, MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, AND CERTAIN MATTERS WHICH ARE DECLARED PUBLIC INFORMATION, SO AS TO PROVIDE THAT RECORDS OF THE HOME ADDRESSES AND TELEPHONE NUMBERS OF EMPLOYEES AND OFFICERS OF PUBLIC BODIES ARE NOT PUBLIC RECORDS UNDER THE ACT AND MAY NOT BE DISCLOSED.
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3315 -- Rep. Clyborne: A BILL TO AMEND SECTION 20-7-1738, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY CUSTODY OF AN ADOPTEE FOLLOWING PLACEMENT, SO AS TO PROVIDE FOR A REMOVAL HEARING WHEN ADOPTIVE PARENTS HAVE RECEIVED AN ADOPTEE BUT NO PETITION HAS BEEN FILED.
H. 3571 -- Reps. Rudnick, Baxley and Kempe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-325 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION, IT MUST RECORD THE SATISFACTION OR CANCELLATION OF THE MORTGAGE WITHIN THIRTY DAYS OF RECEIPT OF THE AMOUNT NECESSARY TO SATISFY OR CANCEL THE DEBT SECURED BY THE MORTGAGE, TO AUTHORIZE INSTITUTIONS TO IMPOSE A REASONABLE FEE OF NOT MORE THAN TWENTY-FIVE DOLLARS TO COVER THE COST OF RECORDING THE SATISFACTION OR CANCELLATION, TO IMPOSE A PENALTY ON A FINANCIAL INSTITUTION WHICH FAILS TO RECORD THE SATISFACTION OR CANCELLATION, TO MAKE THIS PENALTY AN ALTERNATIVE TO OTHER REMEDIES, TO PROVIDE EXCEPTION, AND TO MAKE THE SECTION APPLICABLE TO MORTGAGES SATISFIED OR CANCELED AFTER DECEMBER 31, 1991.
The following Bill was taken up.
H. 3345 -- Reps. Wilkins, Hayes, Waites, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Baxley, Beasley, Beatty, Bennett, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Cooper, Corbett, Cork, Corning, Cromer, Derrick, D. Elliott, L. Elliott, Faber, Fair, Farr, Felder, Foster, Fulmer, Gentry, Glover, Gonzales, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hendricks, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Kempe, Keyserling, Kirsh, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, McBride, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shirley, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waldrop, Wells, Whipper, White, Wilder, Wilkes, D. Williams, Wofford, Wright, A. Young, and R. Young: A BILL TO AMEND ARTICLE 15, CHAPTER 7, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE THE JURISDICTION AND CERTAIN PROCEDURES OF THE SYSTEM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18554.SD), which was adopted.
Amend the bill, as and if amended, in Section 14-7-1610 of the 1976 Code by inserting immediately after /activity/ on line 35 of page 1: /and to coordinate certain investigations with federal authorities/.
When amended, Section 14-7-1610 shall read:
/Section 14-7-1610. It is the intent of the General Assembly to enhance the grand jury system and to improve the ability of the State to detect and eliminate criminal activity and to coordinate certain investigations with federal authorities which transpires or has significance in more than one county of this State. The General Assembly finds that crimes involving narcotics, dangerous drugs, or controlled substances, as well as crimes involving obscenity, often transpire or have significance in more than one county of this State. When this occurs, these crimes are most effectively detected and investigated by a grand jury system which has the authority to cross county lines.
The General Assembly further finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and eliminate public corruption. Crimes involving public corruption transpire at times in a single county, but often transpire or have significance in more than one county of this State. The General Assembly believes that a state grand jury, possessing considerably broader investigative authority than individual county grand juries, should be available to investigate public corruption offenses in South Carolina.
The General Assembly further finds that related criminal activity often arises out of or in connection with crimes involving narcotics, dangerous drugs or controlled substances, obscenity, or public corruption, and that the mechanism for detecting and investigating these related crimes must be improved also.
Accordingly, the General Assembly concludes that a state grand jury should be allowed to investigate certain crimes related to narcotics, dangerous drugs and obscenity and should also be allowed to investigate crimes involving public corruption.
Nothing herein limits in any way the authority of a county grand jury, solicitor, or other appropriate law enforcement personnel to investigate, indict, or prosecute offenses within the jurisdiction of the state grand jury./"
Amend the bill further, as and if amended, in Section 14-7-1630(B) of the 1976 Code by striking subsection (B) and inserting:
/(B) Whenever the Attorney General and the Chief of the South Carolina Law Enforcement Division considers it necessary and normal investigative or prosecutorial procedures are inadequate, he the Attorney General may petition in writing to the Chief Administrative Judge of the judicial circuit in which he seeks to impanel the a state grand jury for an order impaneling the a state grand jury. This judge is referred to in this article as the impaneling judge. The petition must allege the type of offenses to be inquired into and, in the case of those offenses contained in subsection (A)(1), must allege that these offenses may be of a multi-county nature or have transpired or are transpiring or have significance in more than one county of the State. The petition also in all instances must specify that the public interest is served by the impanelment./
Amend the bill further, as and if amended, by striking Section 14-7-1650 of the 1976 Code and inserting:
/Section 14-7-1650. (A) The Attorney General or his designee shall attend sessions of the a state grand jury and shall serve as its legal advisor. The Attorney General or his designee shall examine witnesses, and shall present evidence, and draft indictments and reports upon the direction of a to the state grand jury.
(B) In all investigations of the crimes specified in Section 14-7-1630, except in matters where a particular solicitor or member of his staff are the subjects of such investigation, the Attorney General shall consult with the appropriate solicitors of the jurisdictions where the crime or crimes occurred. After consultation the Attorney General shall determine whether the investigation should be presented to a county grand jury or whether to petition under Section 14-7-1630(B) for a state grand jury investigation.
(C) Where it is determined that a conflict of interest disqualifies a solicitor or the Attorney General from participation in a state grand jury investigation and prosecution, in the case of a solicitor, the Attorney General shall conduct the investigation and prosecution unless the Attorney General and a solicitor not so disqualified concur in the appointment by the Attorney General of the eligible solicitor as a designee of the Attorney General pursuant to Sections 14-7-1650 and 14-7-1750. In the case of the Attorney General's disqualification, the matter must be referred to a solicitor for investigation and prosecution. Any doubt regarding disqualification must be resolved by the presiding judge of the state grand jury."/
Amend the bill further, as and if amended, in Section 14-7-1700 of the 1976 Code by inserting immediately after /designee./ on line 20 of page 9 the following:
/Subject to the limitations of Section 14-7-1720(A) and (D) and the appropriate South Carolina Rules of Criminal Procedure, a copy of the transcript of the recorded testimony or proceedings requested by the Attorney General or his designee must be provided to the defendant by the court reporter, upon request, at the transcript rate established by the Office of Court Administration./
When amended, Section 14-7-1700 of the 1976 Code shall read:
/Section 14-7-1700. A court reporter shall record, either stenographically or by use of an electronic recording device, all proceedings except when the a state grand jury is deliberating or voting. Subject to the limitations of Section 14-7-1720(A) and (D) and Rule 5, South Carolina Rules of Criminal Procedure, a defendant has the right to review and to reproduce the stenographically or electronically recorded materials. Transcripts of the recorded testimony or proceedings must be made when requested by the Attorney General or his designee. Subject to the limitations of Section 14-7-1720(A) and (D) and the appropriate South Carolina Rules of Criminal Procedure, a copy of the transcript of the recorded testimony or proceedings requested by the Attorney General or his designee must be provided to the defendant by the court reporter, upon request, at the transcript rate established by the Office of Court Administration. An unintentional failure of any recording to reproduce all or any portion of the testimony or proceedings does not affect the validity of the prosecution. The recording or reporter's notes or any transcript prepared therefrom and all books, papers, records, correspondence, or other documents produced before the a state grand jury must remain in the custody and control of the Attorney General or his designee unless otherwise ordered by the court in a particular case./
Amend the bill further, as and if amended, by striking Section 14-7-1760 of the 1976 Code and inserting:
/Section 14-7-1760. If any person asks to be excused from testifying before the a state grand jury or from producing any books, papers, records, correspondence, or other documents before the a state grand jury on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to any penalty or forfeiture and is notwithstanding directed by the presiding judge to give the testimony or produce the evidence, he must comply with this direction, but he must not thereafter be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify or produce evidence pursuant thereto, and no testimony so given or evidence other information produced or any information directly or indirectly derived from such testimony or other information may be received against him in any criminal action, criminal investigation, or criminal proceeding. No individual testifying or producing evidence or documents is exempt from prosecution or punishment for any perjury committed by him while so testifying, and the testimony or evidence given or produced is admissible against him upon any criminal action, criminal investigation, or criminal proceeding concerning this perjury; provided that any individual may execute, acknowledge, and file a statement with the appropriate court expressly waiving immunity or privilege in respect to any transaction, matter, or thing specified in the statement and thereupon the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or given or produced and thereupon the testimony or evidence given or produced may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise, and if so received or produced, the individual is not entitled to any immunity or privilege on account of any testimony he may give or evidence produced./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the remainder of the day.
Rep. WILKINS continued speaking.
The amendment was then adopted.
Rep. BOAN moved to commit the Bill to the Committee on Ways and Means.
Rep. HAYES moved to table the motion to commit.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Brown, H. Brown, J. Burch Burriss Cato Chamblee Clyborne Cole Cooper Corbett Cork Cromer Fair Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrison Haskins Hayes Hendricks Huff Jennings Keegan Keesley Keyserling Marchbanks Martin, D. Martin, L. Martin, M. McCraw Meacham Neilson Phillips Quinn Rama Rogers Rudnick Scott Sharpe Sheheen Smith Snow Tucker Vaughn Waites Waldrop Whipper Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Bailey, J. Bailey, K. Barber Beatty Bennett Boan Brown, G. Bruce Carnell Elliott, D. Elliott, L. Felder Gregory Harris, P. Holt Houck Inabinett Jaskwhich Johnson, J.C. Johnson, J.W. Kempe Kinon Kirsh Klapman Koon Littlejohn Mattos McAbee McCain McElveen McGinnis McKay McLeod McTeer Nettles Rhoad Shirley Sturkie Townsend Wells White Williams, D. Williams, J.
So, the motion to commit was tabled.
Reps. BOAN, McLEOD, J. WILLIAMS, McTEER, McABEE, D. ELLIOTT, and KLAPMAN objected to the Bill.
The following Bill was taken up.
H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: A BILL TO AMEND SECTION 58-3-23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE NOMINATION OF CANDIDATES FOR ELECTION TO THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO AUTHORIZE THE MERIT SELECTION PANEL BY A MAJORITY INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11707.DW), which was adopted.
Amend the bill, as and if amended, in the first paragraph of Section 58-3-23 of the 1976 Code, page 1, line 42, by striking /majority/ and by inserting after /of/ /seventy-five percent of/ so that when amended the first paragraph shall read:
/(A) The Merit Selection Panel shall nominate candidates for election to the South Carolina Public Service Commission in the manner hereinafter provided in this section. Whenever When a vacancy shall occur occurs on the Public Service Commission after July 1, 1979, by reason of expiration of a term or otherwise, or when the number of members of the Public Service Commission is to be increased or decreased, the Merit Selection Panel shall submit to the General Assembly while in regular or special session the names of two persons qualified as candidates to fill such the vacancy and in selecting persons for nomination to the Public Service Commission they shall endeavor to select the most qualified persons for each vacancy. Provided, however, that However, the panel, by a unanimous vote of seventy-five percent of its total membership, may submit only one name, or three or four names for any a vacancy. Each name submitted must receive eight votes from the panel prior to before submission to the General Assembly not less than ninety days prior to before the expiration of the term of a member of the commission elected under the provisions of this chapter. Upon selecting persons for nomination to the commission the their names of such persons shall must be made public and submitted to the General Assembly for election or nonelection. If the General Assembly is not in regular or special session when such vacancy occurs, the Merit Selection Panel shall submit such the names in the same manner as herein provided in this section to the General Assembly at the beginning of its next regular or special session. The General Assembly shall elect one of such the candidates to fill the vacancy on the Public Service Commission;. provided, however, that However, nothing shall prevent prevents the General Assembly from rejecting all candidates so nominated. In the event If the General Assembly does reject rejects the persons first nominated, the Merit Selection Panel shall submit in the same manner as provided in this section the names of other persons qualified as candidates. Further nominations shall continue to be made until such the vacancy is filled. Nothing herein contained shall may be deemed considered to exclude incumbent members of the commission from being eligible for reelection to the commission and the Merit Selection Panel when submitting the names of persons qualified as candidates for election to the commission may include names of incumbent members./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3714 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES, COSTS, AND ALLOWANCES ALLOWED IN DELINQUENCY, DEPENDENCY, AND NEGLECT ACTIONS IN FAMILY COURT, SO AS TO ALLOW FOR A FEE FOR THE SERVICE OF PROCESS IN CONNECTION WITH A TITLE VI-D CHILD SUPPORT ACTION PURSUANT TO A COOPERATIVE AGREEMENT ENTERED INTO BY THE SHERIFF OR CLERK OF COURT AND THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES FOR THE REIMBURSEMENT OF FEDERAL MATCHING FUNDS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5647.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. The first paragraph of Section 20-7-1440 of the 1976 Code is amended to read:
"In delinquency, dependency, and neglect actions, no court fee shall may be charged against, and no witness fee shall be is allowed to any a party to a petition. No officer of the this State or of any a political subdivision thereof of this State shall be entitled to may receive any a fee for the service of process or for attendance in court in any such the proceeding, except that in divorce proceedings such the officer shall be is allowed such the fee as is now provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process the fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge."/
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HUFF, with unanimous consent, it was ordered that H. 3714 be read the third time tomorrow.
Rep. G. BAILEY moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 3739 -- Rep. Keyserling: A BILL TO AMEND CHAPTER 7, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5685.HC), which was adopted.
Amend the bill, as and if amended, in Section 54-7-620, as contained in Section 1, page 2, by striking items (7) and (8) and inserting:
/(7) 'Data Collection' means the accumulation of data through methods which do not include excavation. It includes the collection of artifactual and/or paleontological material that is exposed or resting on, but not embedded in, submerged lands.
(8) Reserved./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 3739 be read the third time tomorrow.
Rep. PHILLIPS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3954 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE PETER T. "PETE" BRADHAM OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4006 -- Reps. P. Harris, Chamblee, Tucker, T.C. Alexander, Cooper, Shirley and Ross: A CONCURRENT RESOLUTION TO COMMEND MS. LAURIE ANNE TOWNSEND OF ANDERSON FOR HER MANY ACCOMPLISHMENTS, HER ACADEMIC HONORS, AND HER EXEMPLARY VOLUNTEER SERVICE AND TO RECOGNIZE THE DEDICATION AND HARD WORK PRESENT IN ALL HER ENDEAVORS.
H. 4007 -- Rep. Baxley: A CONCURRENT RESOLUTION TO WELCOME THE NATIONAL ASSOCIATION OF CONSUMER AGENCY ADMINISTRATORS TO SOUTH CAROLINA FOR ITS SIXTEENTH ANNUAL CONFERENCE AT HILTON HEAD JUNE 9-12, 1991, TO WISH THEM A SUCCESSFUL CONFERENCE, AND TO COMMEND STEVEN W. HAMM AND THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS FOR BRINGING THIS ASSOCIATION TO SOUTH CAROLINA.
H. 4008 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1991, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE AND WIL LOU GRAY OPPORTUNITY SCHOOL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1991, AND TO ELECT A SUCCESSOR TO WILLIAM L. BETHEA, JR., MEMBER OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, WHOSE TERM EXPIRES IN 1992.
At 11:20 A.M. the House in accordance with the motion of Rep. RAMA adjourned in memory of the Honorable A.T. Smythe of Charleston, to meet at 10:00 A.M. tomorrow.
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