Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the words of St. Paul to the Philippians (3:13-14):
"But one thing I do... I press on toward
the goal... for the prize of the upward call
of God... "
Let us pray.
Eternal God... our Father... as the stack of many Bills in the hopper continues to rise to challenge us, give us the guidelines by which we may see our way through this tangled maze.
Let us not hold back from attacking whatever problems that confront, or may stymie, the growing and glowing progress of our State.
Lead us to remember that PEOPLE are our finest asset... our greatest resource... and our primary responsibility.
We pray in the spirit of Him who said, "In as much as you did it unto one of these... least... you did it unto Me."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 16, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Initial Appointment, Member, Allendale County Board of Voter Registration, with term to expire March 15, 1994:
Ms. Dorothy J. Willis, Route 1, Box 179, Martin, South Carolina 29836 VICE Jeanne Schudel
March 17, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Beaufort County Magistrate, with term to expire April 30, 1994:
Ms. Delores L. Washington, Route 1, Box 124, Yemassee, South Carolina 29945 VICE Mr. Booker T. Washington - Deceased
March 23, 1992
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Reappointment, Member, Charleston County Voter Registration Board, with term to expire March 15, 1994:
Ms. Pearl M. Crawford, 41 Vincent Drive, Mount Pleasant, South Carolina 29464
Senator SETZLER moved that a call of the Senate be made. The following Senators answered the call:
Bryan Carmichael Cork
Courson Courtney Drummond
Fielding Giese Gilbert
Hayes, R.W. Helmly Hinds
Hinson Holland Land
Leatherman Lourie Macaulay
Martin Martschink Matthews
McConnell McGill Mitchell
Moore Mullinax O'Dell
Passailaigue Patterson Peeler
Pope Reese Rose
Russell Saleeby Setzler
Shealy Smith, N.W. Stilwell
Thomas Washington Williams
Wilson
The Senate resumed.
The following were introduced:
S. 1423 -- Senator Lourie: A CONCURRENT RESOLUTION TO CONGRATULATE THE COLUMBIA METS FOR WINNING THE 1991 SOUTH ATLANTIC LEAGUE CHAMPIONSHIP AND TO THANK THEM FOR THEIR CONTRIBUTION OF WHOLESOME FAMILY ENTERTAINMENT TO THE RESIDENTS OF THIS STATE.
On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.
S. 1424 -- Senator Reese: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER AND THE HOUSE CHAMBER OCTOBER 22-24, 1992, AND THE BLATT BUILDING OCTOBER 21 THROUGH OCTOBER 22, 1992, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the chamber of the Senate and the chamber of the House of Representatives October 22-24, 1992, and the Blatt Building October 21 through October 22, 1992, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate chamber may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.
Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers and facilities.
Referred to the Committee on Invitations.
S. 1425 -- Senator Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.
Be it resolved by the Senate, the House of Representatives concurring:
That pursuant to Article V of the Constitution of the United States, the General Assembly of the State of South Carolina memorializes the Congress of the United States of America, at its session, to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law unless the federal government pays for any necessary increased costs.
Be it resolved that copies of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of this state's delegation to the Congress.
Referred to the Committee on Judiciary.
S. 1426 -- Senator Stilwell: A BILL TO AMEND SECTION 14-7-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO PROVIDE FOR THE GRAND JURY TO OBTAIN ATTENDANCE OF WITNESSES AS PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
Read the first time and referred to the Committee on Judiciary.
S. 1427 -- Senators Williams and Drummond: A BILL TO AMEND SECTION 33-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM REGISTRATION FEES UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO FURTHER PROVIDE FOR THESE EXEMPTIONS, TO AMEND SECTION 33-55-90, RELATING TO CONTRACTS AND AGREEMENTS BETWEEN CHARITABLE ORGANIZATIONS AND PROFESSIONAL FUND-RAISING COUNSEL OR SOLICITORS, SO AS TO DELETE CERTAIN PROVISIONS WHICH PERMIT THE SECRETARY OF STATE TO DISAPPROVE CONTRACTS OR AGREEMENTS WHERE HE CONCLUDES THEY INVOLVE EXCESSIVELY HIGH FUND-RAISING COSTS AND WHICH PROHIBIT THE CARRYING OUT OF DISAPPROVED CONTRACTS OR AGREEMENTS, TO AMEND THE 1976 CODE BY ADDING SECTION 33-55-95 SO AS TO ESTABLISH CERTAIN PROCEDURES FOR THE SATISFACTION OF REGISTRATION REQUIREMENTS BY CHARITABLE ORGANIZATIONS, PROFESSIONAL FUND-RAISING COUNSEL, OR PROFESSIONAL SOLICITORS, AND TO REPEAL SECTION 33-55-80, RELATING TO COMPENSATION OF PROFESSIONAL SOLICITORS.
Read the first time and referred to the Committee on Judiciary.
S. 1428 -- Senator Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-245 SO AS TO AUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS TO ISSUE A SPECIAL LICENSE TO QUALIFYING DOCTORS OF MEDICINE WHO ARE RETIRED, MEET CERTAIN LICENSING QUALIFICATIONS, ARE EMPLOYED BY PUBLIC AGENCIES OR INSTITUTIONS OR NOT-FOR-PROFIT ENTITIES WHICH PROVIDE MEDICAL SERVICES ONLY TO INDIGENT PATIENTS IN MEDICALLY UNDERSERVED OR CRITICAL-NEED AREAS, AND WHO AGREE TO FOREGO MONETARY COMPENSATION FOR THE PROVISION OF SUCH SERVICES, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS AND FOR RELATED MATTERS.
Read the first time and referred to the Committee on Medical Affairs.
H. 4597 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS WEDNESDAY, DECEMBER 2, 1992, THROUGH FRIDAY, DECEMBER 4, 1992, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, thirty-eight states have successful Youth in Government programs, and thousands of young people have participated in a model legislature and leadership assembly sponsored by the Young Men's Christian Association; and
Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly authorize the Young Men's Christian Association to use the Senate and House of Representatives chambers Wednesday, December 2, 1992, 8:00 a.m. to 10:00 a.m., Thursday, December 3, 1992, and Friday, December 4, 1992, 8:00 a.m. until 5:00 p.m., to conduct a Youth in Government program. No charge may be imposed for the use of the chambers by the Young Men's Christian Association for this purpose.
Referred to the Committee on Invitations.
H. 4145 -- Reps. J. Bailey, Corning, McElveen, Scott and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-242 SO AS TO PROVIDE THE INSURANCE REQUIREMENTS FOR A MOTOR VEHICLE THAT IS NOT DRIVEN BECAUSE IT IS BEING RESTORED AND PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 38-77-120, RELATING TO THE REQUIREMENTS FOR NOTICE OF CANCELLATION OF OR REFUSAL TO RENEW AN AUTOMOBILE INSURANCE POLICY, SO AS TO REQUIRE NOTICE OF THE RANGE OF POTENTIAL PENALTIES REGARDING THE FINANCIAL RESPONSIBILITY LAW.
Read the first time and referred to the Committee on Banking and Insurance.
H. 4393 -- Rep. McLeod: A BILL TO AMEND SECTION 23-45-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO DELETE THE REQUIREMENT THAT BIDS MUST BE ACCOMPANIED BY A COPY OF A VALID SPRINKLER CONTRACTOR'S LICENSE AND PROVIDE THAT THE CONTRACTOR WHO SUBMITS A BID DIRECTLY TO THE STATE MUST INCLUDE ON IT THE FIRE SPRINKLER LICENSE NUMBER.
Read the first time and referred to the General Committee.
H. 4489 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO PROVIDE FOR THE VOTING PLACE FOR THE CALVARY PRECINCT.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 4508 -- Reps. Carnell and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-110 SO AS TO REQUIRE THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ACCEPT CHECKS IN PAYMENT OF THE FEES DUE FOR ANY LICENSE OR PERMIT IT ISSUES AND TO PROVIDE THAT IF A CHECK IS DISHONORED FOR ANY REASON, THIS CONSTITUTES GROUNDS FOR THE COMMISSION TO REVOKE THE LICENSE OR PERMIT ISSUED AND TO REQUIRE ANY FURTHER PAYMENTS FROM THAT APPLICANT TO BE IN CASH OR BY CERTIFIED CHECK.
Read the first time and referred to the Committee on Judiciary.
H. 4583 -- Reps. Jennings and Beasley: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO CHANGE THE MARLBORO COUNTY BOARD OF EDUCATION FROM SEVEN TO NINE MEMBERS, TO PROVIDE THAT ALL MEMBERS MUST BE ELECTED IN 1992 EXCEPT THOSE WHOSE TERMS DO NOT EXPIRE IN 1992, TO CHANGE THE SINGLE-MEMBER DISTRICTS FROM SIX DISTRICTS TO EIGHT DISTRICTS WHICH CORRESPOND TO THE ELECTION DISTRICTS FOR THE ELECTION OF MEMBERS TO THE COUNTY COUNCIL OF MARLBORO COUNTY, AND TO PROVIDE PER DIEM OF THIRTY-FIVE DOLLARS A MEETING.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable with amendment report on:
S. 1250 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTION 6-7-310 THROUGH 6-7-1110 OF CHAPTER 7 OF TITLE 6 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Ordered for consideration tomorrow.
Senator MOORE, from the Committee on Judiciary, submitted a favorable report on:
S. 1324 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND SECTION 12-21-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSTRUMENTS OF CONVEYANCE NOT BE RECORDED UNLESS STAMPED AND ACCOMPANIED BY AN AFFIDAVIT OF TRUE CONSIDERATION, SO AS TO EXEMPT CONVEYANCES OF THE FEDERAL GOVERNMENT FROM THE REQUIREMENTS OF FILING THE AFFIDAVIT.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
S. 1351 -- Senators McConnell and Pope: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1540 SO AS TO PROVIDE THAT WITHHOLDING VISITATION FROM A PARENT MAY CONSTITUTE A MATERIAL CHANGE IN CIRCUMSTANCES JUSTIFYING A CHANGE IN CHILD CUSTODY.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable with amendment report on:
H. 3048 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-7-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM TRAFFIC TICKET, SO AS TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET MUST BE USED FOR VIOLATIONS OF COUNTY OR MUNICIPAL ORDINANCES.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 3681 -- Reps. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.
Ordered for consideration tomorrow.
Senator McCONNELL, from the Committee on Judiciary, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Senator WILLIAMS, from the Committee on Judiciary, submitted a favorable report on:
H. 4400 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORKERS' COMPENSATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1432, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
S. 541 -- Senators Lourie, Giese, Passailaigue, Bryan, Hayes and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-5-504 SO AS TO PROVIDE FOR HEALTH CARE POWERS OF ATTORNEY, TO DEFINE TERMS USED IN THE SECTION, TO EXPLAIN THE RELATIONSHIP BETWEEN A HEALTH CARE POWER OF ATTORNEY AND A DURABLE POWER OF ATTORNEY, TO PROVIDE THAT THE ADULT HEALTH CONSENT ACT APPLIES TO DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE STANDARDS FOR DETERMINING MENTAL INCOMPETENCE, TO PROVIDE EXECUTION REQUIREMENTS, INCLUDING WITNESS QUALIFICATIONS, AND A FORM FOR A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE SPECIFIC POWERS FOR A HEALTH CARE AGENT IN ADDITION TO THOSE PROVIDED IN THE HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A HEALTH CARE AGENT IS NOT LIABLE FOR HEALTH CARE COSTS INCURRED ON BEHALF OF A PRINCIPAL AND IS ENTITLED TO REIMBURSEMENT BUT NOT COMPENSATION FOR SERVICES PERFORMED UNDER A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT LIFE-SUSTAINING PROCEDURES MAY NOT BE WITHHELD PURSUANT TO A DURABLE POWER OF ATTORNEY IF THE PRINCIPAL IS PREGNANT, TO PROVIDE THAT HEALTH CARE PROVIDERS MUST FOLLOW DIRECTIVES OF A HEALTH CARE AGENT UNDER A POWER OF ATTORNEY AND THAT THE AGENT MUST GIVE DIRECTIVES IN ACCORDANCE WITH THE PRINCIPAL'S DIRECTIVES IN THE POWER OF ATTORNEY, TO PROVIDE A GOOD FAITH DEFENSE TO THOSE WHO MAKE AND THOSE WHO RELY ON DECISIONS MADE PURSUANT TO A HEALTH CARE POWER OF ATTORNEY, TO PROVIDE THAT A PRINCIPAL MAY APPOINT SUCCESSOR AGENTS AND THAT IF NO AGENT IS AVAILABLE, DECISIONS MUST BE MADE BY A SURROGATE UNDER THE ADULT HEALTH CARE CONSENT ACT, IN ACCORDANCE WITH THE DIRECTIONS IN THE POWER OF ATTORNEY, TO PROVIDE REVOCATION PROCEDURES, TO PROVIDE THAT EXECUTION AND EFFECTUATION OF A HEALTH CARE POWER OF ATTORNEY DOES NOT CONSTITUTE SUICIDE, TO PROVIDE THAT A HEALTH CARE POWER OF ATTORNEY MUST NOT BE REQUIRED AS A CONDITION FOR INSURANCE, MEDICAL TREATMENT, OR ADMISSION TO A HEALTH CARE FACILITY, TO PROVIDE THAT THIS SECTION DOES NOT AUTHORIZE MERCY KILLING, TO PROVIDE THAT THE ABSENCE OF A HEALTH CARE POWER OF ATTORNEY DOES NOT GIVE RISE TO ANY PRESUMPTION REGARDING LIFE-SUSTAINING PROCEDURES, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 44-43-330, RELATING TO ANATOMICAL GIFTS, SO AS TO REORDER THE PRIORITY OF INDIVIDUALS WHO MAY CONSENT TO AN ANATOMICAL GIFT FOR A DECEDENT BY ADDING AN AGENT UNDER A HEALTH CARE POWER OF ATTORNEY; TO AMEND SECTION 44-66-20, RELATING TO DEFINITIONS IN THE ADULT HEALTH CARE CONSENT ACT, SO AS TO REVISE THE DEFINITION OF HEALTH CARE; TO AMEND SECTION 44-66-30, RELATING TO PERSONS AUTHORIZED TO MAKE HEALTH CARE DECISIONS, SO AS TO REQUIRE THAT THOSE DECISIONS MUST BE BASED ON THE PATIENT'S WISHES, IF KNOWN, AND TO ALLOW THE AUTHORIZED PERSON TO EITHER CONSENT OR WITHHOLD HEALTH CARE; AND TO AMEND SECTION 62-5-501, RELATING TO THE EXECUTION OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY, OR MENTAL INCOMPETENCE, SO AS TO PROVIDE HOW PHYSICAL DISABILITY OR MENTAL INCOMPETENCE MAY BE DETERMINED.
The House returned the Bill with amendments.
On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1045 -- Senator Stilwell: A BILL TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PURCHASING A PISTOL, SO AS TO PROVIDE THAT THE CONTENTS OF THE APPLICATION INCLUDE THE MILITARY IDENTIFICATION CARD NUMBER FOR AN APPLICANT ON ACTIVE DUTY IN THE MILITARY AND THAT RESIDENCY IS NOT REQUIRED OF AN APPLICANT WHO IS ON ACTIVE DUTY AND WHO HAS IN HIS POSSESSION A CURRENT MILITARY IDENTIFICATION CARD.
The House returned the Bill with amendments.
Senator STILWELL explained the House amendments.
On motion of Senator STILWELL, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 1417 -- Senator Land: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF JAMES R. BURROWS OF SUMTER WHO DIED WEDNESDAY, MARCH 4, 1992.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title thereof be changed to that of an Act and same enrolled for Ratification:
H. 4248 -- Reps. Wright and Riser: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
Senator POPE explained the Bill.
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.
S. 1366 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46 TO TITLE 38 SO AS TO PROVIDE FOR THE REINSURANCE INTERMEDIARY ACT BY SETTING FORTH DEFINITIONS, REQUIREMENTS FOR LICENSURE, EXAMINATIONS, REINSURANCE INTERMEDIARY-BROKERS, AND REINSURANCE INTERMEDIARY-MANAGERS, PROHIBITIONS, PENALTIES, LIABILITIES, AND AUTHORIZATION FOR REGULATIONS.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY proposed the following amendment (N05\8268.BD), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 38-61-20(C) of the 1976 Code is amended to read:
"(C) The commissioner may, by regulation, exempt from the requirements of subsection (A) for as long as he considers proper, any type of insurance policy, contract, or certificate to which in his opinion subsection (A) may not practically must not be applied, or the filing and approval of which is, in his opinion, is not necessary for the protection of the public. However, every insurer at least annually shall list the types and form numbers of all policies which it issues or sells in this State which the commissioner has exempted from being filed and approved, and the president or chief executive officer of the insurer shall certify that all such of these policies comply fully with the laws of this State. If a policy, contract, or certificate is certified to be in compliance with the laws of this State and the commissioner finds that it violates any a law of this State, he may disqualify that insurer from certifying any policies, contracts, or certificates as allowed under this subsection."
SECTION 3. This act takes effect upon approval by the Governor. However, no insurer or reinsurer may utilize the services of a reinsurance intermediary six months or more after the effective date unless utilization is in compliance with Chapter 46, Title 38 of the 1976 Code./
Amend title to conform.
Senator SALEEBY explained the amendment.
Senator SALEEBY proposed the following amendment (N05\8267.BD), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 38-77-930 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Senator SALEEBY explained the amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolution having been read the second time were passed and ordered to a third reading:
H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.
H. 4115 -- Reps. Phillips and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-31-65 SO AS TO PROVIDE THAT STATE AND LOCAL FUNDS FOR THE ACQUISITION OF TEXTBOOKS IN THE PUBLIC SCHOOLS OF THIS STATE MAY ALSO BE USED TO ACQUIRE INSTRUCTIONAL TECHNOLOGY AND OTHER SIMILAR MATERIALS WHICH HAVE BEEN APPROVED BY THE STATE BOARD OF EDUCATION.
S. 1415 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCREDITATION STANDARDS FILED, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, VII, AND THE STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1451, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4114 -- Rep. Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-45 SO AS TO PROVIDE FOR ADDITIONAL CIRCUMSTANCES AND CONDITIONS UNDER WHICH PARENTS OR GUARDIANS ARE AUTHORIZED TO TEACH THEIR CHILDREN AT HOME.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The amendment proposed by the Committee on Education (EDU4114.02) was adopted as follows:
Amend the bill, as and if amended, by striking the sentence on lines 32 through 34 and inserting:
/The State Department of Education shall conduct annually a review of the association standards to insure that requirements of the association, at a minimum, include:
(a) a parent must hold at least a high school diploma or the equivalent general educational development (GED) certificate;
(b) the instructional year is at least one hundred eighty days; and
(c) the curriculum includes, but is not limited to, the basic instructional areas of reading, writing, mathematics, science, and social studies, and in grades seven through twelve, composition and literature./
Amend title to conform.
Senator COURSON explained the Committee amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator GIESE, with unanimous consent, H. 4114 was ordered to receive a third reading on Thursday, March 26, 1992.
S. 1199 -- Senators Lourie, Land, McConnell, Hinds and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-2735 AND 58-15-1625 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION AND TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND TO PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING; TO AMEND SECTIONS 56-5-2710, 56-5-2720, 56-5-2775, AND 56-5-3210, RELATING TO THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND PENALTIES FOR VIOLATIONS, SO AS TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED, TO REQUIRE ADDITIONAL VEHICLES TO STOP AT RAILROAD CROSSINGS, CLARIFY EXEMPTIONS, AND TO EXEMPT FROM THE REQUIREMENT VEHICLES SUBJECT TO FEDERAL MOTOR CARRIER SAFETY RULES ADOPTED BY THE DIVISION OF MOTOR VEHICLES, TO EXTEND THE SPECIFIC PENALTIES FOR VIOLATING SECTION 56-5-2720 TO ADDITIONAL OFFENSES INVOLVING RAILROAD CROSSINGS, AND TO EXTEND THE SPECIFIC PENALTIES OF SECTION 56-5-3210 TO ADDITIONAL OFFENSES.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.
The amendment proposed by the Committee on Transportation (RES1199.001) was adopted as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof, the following:
/SECTION 1. Article 21, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2735. (A) Notwithstanding the indication of a traffic signal to proceed, no driver shall enter an intersection or a marked crosswalk or drive onto a railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains.
(b) No vehicle shall be driven on the left side of the roadway while attempting to pass another vehicle within one hundred feet of a railroad grade crossing.
(c) When stopping as required at a railroad crossing, the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the roadway is marked for two or more lanes of traffic on the driver's side of the center line of the highway."
SECTION 2. Section 56-5-2720 of the 1976 Code is amended to read:
"Section 56-5-2720. (a) Except as provided in subsection (b), the driver of any a school bus or a motor vehicle with a capacity of sixteen or more persons, a vehicle permitted by the Department of Health and Environmental Control to carry hazardous waste and any a vehicle described in regulations issued pursuant to subsection (c), before crossing at grade any tracks of a railroad, shall stop the vehicle within fifty feet, but not less than fifteen feet, from the nearest rail of the railroad and while stopped shall listen and look in both directions along the track for any an approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely. After stopping and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in such the gear of the vehicle that there will be is no necessity for manually changing gears while traversing the crossing and the driver shall not manually shift gears while crossing the tracks.
(b) Except for school buses, the provisions of this This section shall do not apply at:
(1) Any a railroad grade crossing where traffic is controlled by a police officer or human flagman.;
(2) Any a railroad grade crossing where traffic is regulated by a traffic-control signal.;
(3) Any a railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train when the gate or flashing signal does not indicate the approach of a train.;
(4) Any a railroad grade crossing where an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply.
(c) The State Highways and Public Transportation Commission shall adopt such regulations as may be necessary describing the vehicles which must comply with the stopping requirements of this section. In formulating the regulations, the commissions shall give consideration to the number of passengers carried by the vehicle and the hazardous nature of any substance carried by the vehicle in determining whether the vehicle shall be required to stop. The regulations shall correlate with and so far as possible conform to the most recent regulations of the United States Department of Transportation."
SECTION 3. Article 17, Chapter 15, Title 58 of the 1976 Code is amended by adding:
"Section 58-15-1625. Notwithstanding any other provision of law, the Department of Highways and Public Transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, a grade crossing then in existence at the time the department assumes jurisdiction of the matter, upon a finding that the enhancement of public safety resulting from such closing outweighs any inconvenience caused by increased circuitry of highway routes. This order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department legally to close and abolish grade crossings is in addition to authority granted by law to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of the order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing."
SECTION 4. Section 56-5-2775 of the 1976 Code is amended to read:
"Section 56-5-2775. The driver of any a vehicle violating the provisions of Section Sections 56-5-2735, and 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days."
SECTION 5. Section 56-5-3210 of the 1976 Code is amended to read:
"Section 56-5-3210. Any A person who violates any of the provisions of Sections 56-5-3190, or 56-5-3200 or 56-5-2720 is guilty of a misdemeanor and shall, upon conviction, must be sentenced to pay punished by a fine not exceeding twenty-five dollars or imprisonment for a period not exceeding ten days."
SECTION 6. Section 56-5-1880(a)2. of the 1976 Code is amended to read:
"2. When approaching within one hundred feet of or traversing any intersection or railroad grade crossing."
SECTION 7. This act takes effect upon approval by the Governor.
Amend title to conform./
Senator LOURIE explained the Committee amendment.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.
On motion of Senator MARTSCHINK, the Bill was carried over.
At 11:44 A.M., Senator SETZLER asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying acts at 11:50 A.M.
There was no objection and a message was sent to the House accordingly.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
Pursuant to an invitation the Honorable Speaker and House of Representatives appeared in the Senate Chamber at 11:50 A.M. and the following Acts and Joint Resolutions were ratified:
(R313) S. 892 -- Senator Russell: AN ACT TO AMEND ACT 554 OF 1971, RELATING TO THE CREATION OF THE PELHAM-BATESVILLE FIRE DISTRICT IN SPARTANBURG AND GREENVILLE COUNTIES, SO AS TO EXCLUDE ANY PROPERTY OF THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT FROM THE FIRE DISTRICT AND REQUIRE TENANTS AND USERS OF THE AIRPORT TO PAY ONE HUNDRED PERCENT OF THE FIRE DISTRICT ASSESSMENTS FOR TAX YEARS 1991, 1992, AND 1993.
(R314) S. 616 -- Senators Helmly and Moore: AN ACT TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.
(R315) S. 1287 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA MINING COUNCIL, RELATING TO SOUTH CAROLINA MINING ACT REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1441, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R316) S. 1200 -- Senators Nell W. Smith, Moore and Robert W. Hayes, Jr.: AN ACT TO AMEND SECTION 20-7-121, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO PROVIDE THAT THE PROGRAM MUST BE ADMINISTERED BY THE STATE WORKERS' COMPENSATION FUND; AND TO AMEND SECTION 5 OF ACT 441 OF 1988, RELATING TO THE ADMINISTRATION OF THIS PROGRAM, SO AS TO DELETE THE PROVISION IN WHICH THE ADMINISTRATION OF THE PROGRAM IS BY THE UNIVERSITY OF SOUTH CAROLINA TRIO PROGRAMS THROUGH A CONTRACT WITH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN.
(R317) H. 4463 -- Reps. Haskins, Rama, Vaughn, Fulmer, R. Young, Felder, Kempe, Gonzales, Baker, Cato, T.C. Alexander, Littlejohn, Lanford, Marchbanks and Kirsh: A JOINT RESOLUTION TO WAIVE THE SALES AND USE TAX INDEBTEDNESS ON RELIGIOUS PUBLICATIONS DUE THE STATE THROUGH JANUARY 13, 1992, WHICH RESULTED FROM THE EXEMPTION ON THESE PUBLICATIONS BEING DECLARED UNCONSTITUTIONAL.
(R318) H. 4005 -- Reps. J. Bailey, Holt and Harvin: A JOINT RESOLUTION TO REQUIRE EACH PUBLIC SCHOOL DISTRICT IN THE STATE TO IMPLEMENT A NUTRITIONAL, WELL-BALANCED SCHOOL BREAKFAST PROGRAM BY SCHOOL YEAR 1993-94, AND AUTHORIZE THE STATE BOARD OF EDUCATION TO GRANT A WAIVER OF THIS REQUIREMENT UNDER CERTAIN CONDITIONS.
(R319) H. 4467 -- Reps. McTeer, Rogers, Felder and J. Harris: AN ACT TO AMEND ACT 171 OF 1991, RELATING TO THE GENERAL APPROPRIATIONS ACT FOR 1991-92, SO AS TO AUTHORIZE CERTAIN REALLOCATIONS FOR A PORTION OF EDUCATION IMPROVEMENT ACT FUNDS ORIGINALLY APPROPRIATED TO THE CAMPUS INCENTIVE PROGRAM.
(R320) H. 3625 -- Reps. Kinon, Haskins, Quinn, Harwell, Burch, J. Harris, Carnell, McAbee, Cato, L. Elliott, Wright, Rama, J. Brown and Cooper: AN ACT 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 VOTE OF SEVENTY-FIVE PERCENT OF ITS TOTAL MEMBERSHIP INSTEAD OF UNANIMOUS VOTE TO SUBMIT, IN ADDITION TO THE NUMBER OF NAMES AUTHORIZED, FOUR NAMES FOR A VACANCY.
(R321) H. 4354 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS (BOHICKET CREEK, ET AL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R322) H. 4352 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO 61-68, WATER CLASSIFICATIONS AND STANDARDS, AND 61-69, WATER CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R323) H. 4546 -- Rep. Wilkes: AN ACT TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.
(R324) H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: AN ACT TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC COMMENT PROCEDURES MUST BE PROVIDED FOR BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
(R325) H. 4363 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO VACCINATION, SCREENING AND IMMUNIZATION FOR STUDENTS REGARDING CONTAGIOUS DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1444, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R326) H. 3040 -- Rep. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE LICENSED HEALTH CARE PROVIDERS TO PROVIDE WRITTEN NOTIFICATION OF THEIR POLICIES AND PROCEDURES FOR FILING CLAIMS, REQUIRE CERTAIN ORGANIZATIONS PROVIDING HEALTH CARE TO ACCEPT STANDARDIZED CLAIM FORMS, PROVIDE THAT A DEBTOR MUST BE GIVEN TWENTY DAYS' NOTICE, BY MAIL, OF A PROVIDER OF HEALTH CARE SERVICES' INTENTIONS OF SUBMITTING A DEBT TO A CREDIT BUREAU OR CREDIT REPORTING AGENCY, AND PROVIDE A PENALTY FOR VIOLATION.
(R327) H. 4108 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-17-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR MENTAL ILLNESS, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE MENTALLY ILL BUT CHEMICALLY DEPENDENT AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR CHEMICAL DEPENDENCE HAVE BEEN INITIATED, THEN THE PERSON MUST NOT BE DISCHARGED BUT MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY; TO AMEND SECTIONS 44-17-430, 44-17-440, AND 44-17-530, RELATING TO TAKING INTO CUSTODY AND TRANSPORTING PERSONS FOR THE PURPOSE OF EMERGENCY COMMITMENT AND EXAMINATION FOR MENTAL ILLNESS, SO AS TO CHANGE REFERENCES FROM "OFFICER OF THE PEACE" TO "STATE OR LOCAL LAW ENFORCEMENT OFFICER"; TO AMEND SECTION 44-17-870, RELATING TO TAKING CUSTODY OF A PERSON INVOLUNTARILY COMMITTED TO A FACILITY WHO IS ABSENT WITHOUT AUTHORIZATION, SO AS TO DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 44-52-60, AS AMENDED, RELATING TO EMERGENCY COMMITMENT PROCEDURES FOR CHEMICAL DEPENDENCY, SO AS TO PROVIDE THAT IF A PERSON WHO IS COMMITTED IS FOUND NOT TO BE CHEMICALLY DEPENDENT BUT MENTALLY ILL AND IF PROCEDURES FOR EMERGENCY ADMISSION FOR MENTAL ILLNESS HAVE BEEN INITIATED THEN THE PETITION MUST BE DISMISSED, AND IN COMPLIANCE WITH THE APPROPRIATE COMMITMENT PROCEDURES, THE PERSON MUST BE DETAINED AND MUST BE TRANSFERRED TO AN APPROPRIATE FACILITY.
(R328) H. 3434 -- Rep. Burch: AN ACT TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
S. 249 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.
Senator SHEALY argued contra to the adoption of the amendment proposed by the Committee on Finance.
Senator BRYAN moved that the Senate go into Executive Session prior to adjournment.
Senator McCONNELL raised a Point of Order that the motion was out of order inasmuch as it would require unanimous consent as the Senator making the motion did not have the floor.
The PRESIDENT stated that the motion would require unanimous consent.
Senator BRYAN asked unanimous consent to make a motion that the Senate go into Executive Session prior to adjournment.
Senator McCONNELL objected.
On motion of Senator WILLIAMS, debate was interrupted by the Joint Assembly, and subsequently adjournment, with Senator SHEALY retaining the floor.
At Twelve O'clock Noon the Senate appeared in the Hall of the House.
The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the Concurrent Resolution:
H. 4404 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DOMINIC D. DIFRANCESCO, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 25, 1992.
The Honorable Dominic D. DiFrancesco and members of his party were escorted to the rostrum by Senators HINSON, HELMLY, SHEALY, and HOLLAND and Representatives Beasley, Burch, Scott, and McGinnis.
The PRESIDENT of the Senate introduced the Honorable Dominic D. DiFrancesco, National Commander of the American Legion.
Commander DiFrancesco addressed the Joint Assembly.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.
At 12:40 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.
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