Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear a word from the Book of Ecclesiastes, Chapter 8 (vv.2,3):
"Keep the king's command because of your
sacred oath.
Do not be terrified... do not delay
when a matter is unpleasant."
Let us pray.
Our Father-God, we penitently acknowledge that the discords that mark the outer life of our society are but the reflections of the inner tensions and disharmonies of human nature... whether at home or in far away places.
The preacher in Ecclesiastes tells us the same story about the bitter experiences of the human race in history: that it has been this way for a long time.
We also know by divine inspiration that the only cure for our ills is nothing short of the renewal of the human spirit by the redeeming Spirit of the Living God.
Grant to us, O Lord, in our corporate civil life a qualitative overflow of the spiritual values in the Jewish Passover and the Christian Holy Week.
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 21, 1995
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,
David M. Beasley
Initial Appointment, Southeast Interstate Low-Level Radioactive Waste Management Compact Commission, with term to commence February 21, 1995, and to expire coterminous with the Governor:
Governor's:
Ms. Elizabeth B. Partlow, Office of the Governor, Post Office Box 11369, Columbia, S.C. 29211 VICE Carl Roberts, Jr. (resigned)
Referred to the Committee on Judiciary.
March 17, 1995
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,
David M. Beasley
Initial Appointment, Board of Financial Institutions, with term to commence June 30, 1994, and to expire June 30, 1998:
Licensed Consumer Finance:
Mr. William F. Sachs, 1412 Kathwood Drive, Columbia, S.C. 29206 VICE Derial L. Ogburn
Referred to the Committee on Banking and Insurance.
March 22, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Board of Social Work Examiners, with term to commence November 27, 1991, and to expire November 27, 1995:
Public:
Ms. Ruth B. Herron, 114 Fabrica Street, Clemson, S.C. 29631 VICE John Brown
Referred to the General Committee.
Reappointment, State Board of Social Work Examiners, with term to commence November 27, 1995, and to expire November 27, 1999:
Public:
Ms. Ruth B. Herron, 114 Fabrica Street, Clemson, S.C. 29631
Referred to the General Committee.
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1993, and to expire August 1, 1998:
Physician:
Steven John Lenes, M.D., 508 Lackland Court, Mt. Pleasant, S.C. 29464 VICE Thomas Walker Messervy (resigned)
Referred to the Committee on Corrections and Penology.
Initial Appointment, Residential Builders Commission, with term to commence June 30, 1993, and to expire June 30, 1997:
At-Large - Specialty Contractor:
Mr. Carl Lyn Bailey, Bailey Heating & Controls, Inc., Post Office Box 112, Simpsonville, S.C. 29681 VICE Roberta Combs (resigned)
Referred to the Committee on Labor, Commerce and Industry.
March 29, 1995
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Board of Probation, Parole and Pardon Services, with term to commence March 15, 1995, and to expire March 15, 2001:
4th Congressional District:
Mr. C. David Baxter, 1104 Charter Oak Drive, Taylors, S.C. 29687 VICE Marion Beasley
Referred to the Committee on Corrections and Penology.
Initial Appointment, Advisory Council to the Continuum of Care for Emotionally Disturbed Children, with term to commence June 30, 1995, and to expire June 30, 1999:
Advocate:
Ms. Lynn M. Williams, SCANA Corporation, 1426 Main Street, Columbia, S.C. 29201 VICE Harriet Jean Ferguson
Referred to the Committee on Medical Affairs.
Initial Appointment, Tax Board of Review, with term to commence March 16, 1995, and to expire coterminous with the Governor:
1st Congressional District:
Mr. Scott Y. Barnes, 63 King Street, Charleston, S.C. 29401 VICE Burnet R. Maybank, III (resigned)
Referred to the Committee on Finance.
Initial Appointment, Children's Trust Fund of South Carolina, with term to commence June 30, 1992, and to expire June 30, 1996:
2nd Congressional District:
Ms. Carol M. Morris, 3109 Stepp Drive, Columbia, S.C. 29204 VICE Brenda H. Council (resigned)
Referred to the General Committee.
Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1993, and to expire June 30, 1997:
2nd Congressional District:
Ms. Cecilia Aversa, 1108 Baywater Drive, West Columbia, S.C. 29170
Referred to the General Committee.
Initial Appointment, South Carolina Arts Commission, with term to commence June 30, 1995, and to expire June 30, 1998:
At-Large:
Ms. Sybil M. Whitenburg, 2719 Brenda Street, Columbia, S.C. 29204 VICE Mildred H. Dent
Referred to the General Committee.
Senator GIESE introduced Dr. Daniel W. Davis of Columbia, S.C., Doctor of the Day.
On motion of Senator WASHINGTON, at 12:00 Noon, Senator MATTHEWS was granted a leave of absence for today.
Senator MARTIN rose to a Point of Personal Interest.
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
The House returned the Bill with amendments.
Senator PASSAILAIGUE asked unanimous consent to amend the House amendments.
There was no objection.
Senator McCONNELL proposed the following amendment (662R003.GFM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Section 31-12-40(D) of the 1976 Code is amended to read:
"(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:
(1) one representative who is a resident of each South Carolina county which contains all or a portion of the federal property subject to disposal, appointed by the respective county governing body Governor;
(2) one representative who is a resident of each South Carolina county in the MSA not entitled to a resident representative under subsection (D)(1), appointed by the respective county governing body Governor;
(3) one representative of each municipality located wholly or partly within the MSA with a population of at least 50,000 as determined by the latest official federal census, appointed by the respective municipal governing body;
(4) (3) such additional representatives as may be necessary to provide assure that any municipality within whose boundaries the major portion of properties scheduled for disposal lies shall have a total number of representatives being two with one less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1), (D)(2), and (D)(5) through (D)(8), appointed by the municipal governing body;
(5) (4) if the major portion of properties scheduled for disposal lies within a single county but not within the boundaries of any single municipality, such additional representatives as may be necessary to provide assure that county with one two less than the collective number of representatives from all other appointing bodies or officers provided for in subsections (D)(1), (D)(2), and (D)(5), through (D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of Representatives; and
(8) (5) one at-large appointment by the Governor, who shall be a resident of one of the counties which lie, wholly or partially, in the MSA which is entitled to an appointment representation under subsections (D)(1), or (D)(2), or (D)(4)."
SECTION 2. Section 31-12-40(E) of the 1976 Code is amended to read:
"(E) No member of an authority may be an elected official or have held an elected office within one year of the date on which the member begins service on an authority. Nor may any member hold another office of honor or profit of this State or any of its political subdivisions while serving on the authority as prohibited by the South Carolina Constitution. Nor may any member of an authority established pursuant to subsection (D) serve or have served as an officer of, or as a member of the executive committee of, any authority, commission, committee, or other entity relating to or concerned with the effects of the closure of a federal military installation which has been established by an executive order of the Governor prior to the effective date of this act, within one year prior to the date on which the member begins service on an authority. Each member of an authority must comply with the provisions of Chapter 13 of Title 8 of the 1976 Code of Laws including the requirement to file a statement of economic interests."
SECTION 3. Section 31-12-40(H) of the 1976 Code is amended to read:
"(H) The appointments made pursuant to subsections (B)(2), (B)(3), and (B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1), (D)(2), (D)(3), (D)(4), and (D)(5), and (D)(8) shall be subject to the advice and consent of the Senate."
SECTION 4. SECTION 31-12-40(I) of the 1976 Code is amended to read:
"(I) An authority also may be created by resolutions of municipalities and of counties eligible to make the majority of the appointments to an authority pursuant to subsections (B), or (C), or (D), respectively."
SECTION 5. Subsections (K) and (L) of Section 31-12-40 of the 1976 Code are amended to read:
"(K) A vacancy occurring while the Senate is in session, including a vacancy occurring due to the failure of the Senate to give advice and consent to any appointment, may be filled while the Senate is in session by an interim appointment of a different person by the appointing body or officer until Sine Die adjournment of that session an individual other than the one that failed to receive advice and consent. The appointment must be transmitted to the Senate for its consideration within one week after the appointment is made. If the vacancy occurs prior to May first and the Senate does not advise and consent to the appointment prior to Sine Die adjournment of that session, the office shall be vacant and the appointee shall not serve in holdover status notwithstanding any other provision of law to the contrary. In no event may the same individual be reappointed until such time as the term for which the appointee would have served expires. If the vacancy occurs on or after May first, the appointee is deemed to be an interim appointee and is subject to the provisions of subsection (J).
(L) A vacancy due to the failure of the Senate to give advice and consent to any appointment may be filled during the recess of the Senate by an interim appointment by the appointing body or officer in the same manner as in subsection (I)."
SECTION 6. SECTION 31-12-50(A) of the 1976 Code is amended to read:
"(A) The term of office for members appointed pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the state representatives, one of the county representatives, and one of the municipality representatives shall serve a four-year term as designated by the respective delegation or governing body. The other members shall serve an initial two-year term, including the at-large appointment by the Governor. The term of office for members appointed pursuant to Section 31-12-40(D) shall be split as equally as possible as between two or four years, as determined by lot at their first organizational meeting, other than the appointment by the Governor pursuant to Section 31-12-40(D)(5), who shall serve an initial two-year term. After the initial terms all members shall serve four-year terms. Each member shall hold office until his successor is appointed and qualified."
SECTION 7. Section 31-12-60 of the 1976 Code is amended to read:
"The Governor's at-large appointment shall serve for a two-year term as chairman of any authority initially established. The authority shall select its vice chairman and such other officers as the authority may determine from its membership. The authority shall select its chairman at all times after the Governor's first at-large appointee ceases to serve his first term initial two-year period during which the Governor's at-large appointee serves as chairman.
The authority may employ or contract for technical experts and other agents and employees as it may require and may determine the qualifications and compensation of these persons. A majority of the members then in office shall constitute a quorum for its meeting. No member is liable personally for losses unless the losses are occasioned by the wilful misconduct of the member. An authority may delegate one or more of its members, agents, or employees any of its powers that it considers necessary to carry out the purposes of the authority subject always to the supervision and control of the whole authority."
SECTION 8. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 9. This act takes effect upon approval by the Governor subject to the provisions of this section. Upon the appointment of a chairman pursuant to Section 31-12-40(D)(5), as amended by this act, the term of each member appointed to an authority pursuant to Section 31-12-40(D), adopted as a part of Act 462 of 1994, is terminated. Until three other individuals are appointed pursuant to Section 31-12-40(D)(1-5), the chairman is empowered to exercise any and all authority granted to an authority board as specified in Act 462 of 1994. Individuals appointed pursuant to Section 12-31-40(D)(1), (2), and (5) may begin serving as members of an authority board effective upon the date of the appointment letter of the Governor. The right of these individuals to continue service beyond the date of Sine Die adjournment of the General Assembly in 1995 will be determined as specified in Section 31-12-40, as amended./
Amend title to conform.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
Senator COURSON from the Committee on Invitations stated that, pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:
Senator ALEXANDER'S written request that on Wednesday, April 19, 1995, the Seneca Lady Bobcats Basketball team and their coach be granted the Privilege of the Chamber, to that area behind the rail, and that the coach be granted the Privilege of the Floor for the purpose of receiving a Resolution.
In compliance with Senate Rule 36, up to 13 persons will be behind the rail in the Senate Chamber and the remainder will be recognized from the balcony.
Senator COURSON from the Committee on Invitations stated that, pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:
Senator RUSSELL'S written request that on Wednesday, April 26, 1995, representatives of the School for the Deaf and Blind and a sign language interpreter be granted the Privilege of the Chamber, to that area behind the rail, and that a sign language interpreter be granted the Privilege of the Floor.
In compliance with Senate Rule 36, up to 13 persons will be behind the rail in the Senate Chamber and the remainder will be recognized from the balcony.
S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
There was no objection.
The Bill was read the third time, passed and ordered sent to the House of Representatives.
S. 698 -- Senator McConnell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 17 SO AS TO LIMIT PROPERTY TAX MILLAGE INCREASES, INCLUDING A MILLAGE INCREASE TO OFFSET A PRIOR YEAR DEFICIT, TO NO MORE THAN THE PERCENTAGE INCREASE IN THE SOUTHEASTERN CONSUMER PRICE INDEX IN THE LATEST COMPLETED CALENDAR YEAR AND TO PROVIDE FOR EXCEPTIONS TO THE LIMITATION IN THE CASE OF MILLAGE FOR DEBT SERVICE APPROVED BY REFERENDUM, ANY OTHER MILLAGE APPROVED BY REFERENDUM, AND MILLAGE ATTRIBUTABLE TO PAY EXPENSES OF A NATURAL DISASTER OR TO OFFSET REDUCED STATE AID, IF APPROVED BY AT LEAST A TWO-THIRDS VOTE OF THE GOVERNING BODY AFTER NOTICE AND A PUBLIC HEARING.
Senator DRUMMOND asked unanimous consent to make a motion to recall the Resolution from the Committee on Finance.
There was no objection.
On motion of Senator DRUMMOND, with unanimous consent, the Resolution was committed to the Committee on Judiciary.
The following were introduced:
S. 716 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO REQUIRE INSURANCE POLICIES COVERING DRUGS TO PROHIBIT EXCLUDING COVERAGE OF CERTAIN DRUGS ON THE GROUND THAT THEY ARE NOT APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION IF THE DRUG IS OTHERWISE RECOGNIZED AND TO PROVIDE EXCEPTIONS; AND TO DIRECT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CREATE A PANEL TO REVIEW THE COVERAGE FOR OFF-LABEL DRUGS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 717 -- Senators Richter, Ryberg, Cork, Wilson, Peeler, Mescher, Waldrep, Stilwell, Martin, Rose and Passailaigue: A BILL TO AMEND CHAPTER 3, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-22 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE MEMBERS OF THE GENERAL ASSEMBLY RECEIVE THEIR SALARY FOR A REGULAR SESSION OF THE GENERAL ASSEMBLY.
Read the first time and referred to the Committee on Finance.
S. 718 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-27-440 SO AS TO PROVIDE THAT THE TOTAL COMBINED TAX PROVIDED FOR IN SECTIONS 12-27-230, 12-27-240, AND 12-27-1210 MUST BE SIXTEEN CENTS PER 125,070 BRITISH THERMAL UNITS FOR ALTERNATIVE MOTOR FUEL.
Read the first time and referred to the Committee on Finance.
S. 719 -- Senator Leventis: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX ON MOTOR VEHICLES AND OTHER PROPERTY, SO AS TO INCREASE THE MAXIMUM TAX, IMPOSE SPECIAL CAPS FOR FUEL EFFICIENT MOTOR VEHICLES, AND TO DISTRIBUTE THE ADDITIONAL REVENUE TO COUNTIES FOR PROPERTY TAX RELIEF.
Read the first time and referred to the Committee on Finance.
S. 720 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1217 SO AS TO PROVIDE STATE INDIVIDUAL INCOME TAX CREDITS FOR QUALIFIED RESIDENTIAL RENEWABLE ENERGY SOURCE EXPENDITURES, QUALIFIED RESIDENTIAL ENERGY EFFICIENCY EXPENDITURES, AND FOR THE PURCHASE OF MOTOR VEHICLES USING ALTERNATIVE FUELS; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REMOVE THE TOTAL EXEMPTION FOR RESIDENTIAL USE ELECTRICITY AND NATURAL GAS AND PROVIDE FOR LIMITED TAXATION ON THESE ITEMS AND TO PROVIDE FOR THE CREDITING OF THE REVENUE.
Read the first time and referred to the Committee on Finance.
S. 721 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1216 SO AS TO ALLOW CORPORATE INCOME TAX CREDITS FOR VARIOUS ALTERNATIVE ENERGY RELATED ACTIVITIES; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO REDUCE THE EXEMPTION ALLOWED FUEL AND ELECTRICITY USED IN MANUFACTURING, POWER GENERATION, TRANSPORTATION, MINING, AND QUARRYING, AND TO PROVIDE FOR THE USE OF THE REVENUE OF THE REDUCED EXEMPTIONS.
Read the first time and referred to the Committee on Finance.
S. 722 -- Senator Leventis: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FIFTY PERCENT OF THE FAIR MARKET VALUE OF VEHICLES PROPELLED BY ALTERNATIVE FUEL.
Read the first time and referred to the Committee on Finance.
S. 723 -- Senators Leatherman, Land, Leventis, Martin, O'Dell and Elliott: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THIS FUND ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, AND THAT THIS FUND SIMILARLY ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS IF BOTH THE POSTED SECURITY OF THE GROUP AND THE JOINT AND SEVERAL LIABILITY OF THE MEMBERS OF THE GROUP AT THE TIME OF THE LOSS PROVE INADEQUATE TO PAY EXISTING CLAIMS.
Read the first time and referred to the Committee on Judiciary.
S. 724 -- Senators Leatherman, Land, Leventis, Martin, O'Dell and Elliott: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS, SO AS TO PROVIDE THAT THE DEFINITION OF "INSURER" DOES NOT INCLUDE AN INDIVIDUAL OR GROUP WORKERS' COMPENSATION SELF-INSURER WHICH IS QUALIFIED BY AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20; AND TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO PROVIDE THAT, FOR THE PURPOSES OF THE DEFINITION OF "COVERED CLAIM", "REINSURER, INSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION" DOES NOT INCLUDE QUALIFIED, INDIVIDUAL, OR GROUP WORKERS' COMPENSATION SELF-INSURERS WHO ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20.
Read the first time and referred to the Committee on Judiciary.
S. 725 -- Senator Rose: A BILL TO AMEND ARTICLE 7, CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO THE RULES OF ETHICAL CONDUCT FOR PUBLIC OFFICERS, BY ADDING SECTION 8-13-706 SO AS TO MAKE IT A FELONY FOR A MEMBER OF THE GENERAL ASSEMBLY TO VOTE OR NOT VOTE, TO PROMISE TO VOTE OR NOT VOTE, TO OFFER TO VOTE OR NOT VOTE, OR TO ATTEMPT TO OFFER TO VOTE OR NOT VOTE, EITHER DIRECTLY OR INDIRECTLY, IN AN ELECTION FOR A CANDIDATE FOR JUDICIAL OFFICE BY MEMBERS OF THE GENERAL ASSEMBLY IN RETURN FOR ANOTHER MEMBER'S VOTE ON ANY LEGISLATIVE MATTER AND TO PROVIDE FOR PENALTIES.
Senator ROSE spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 726 -- Senators Leatherman, J. Verne Smith, Martin, O'Dell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT A MENTAL OR PSYCHOLOGICAL INJURY OR CONDITION RESULTING FROM STRESS IS NOT AN INJURY BY ACCIDENT UNDER THE WORKERS' COMPENSATION LAW EXCEPT UNDER CERTAIN CONDITIONS AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
S. 727 -- Senators Leatherman, J. Verne Smith, Martin, O'Dell and Elliott: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Read the first time and referred to the Committee on Judiciary.
S. 728 -- Senators Leatherman, J. Verne Smith, Martin, O'Dell and Elliott: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Read the first time and referred to the Committee on Judiciary.
S. 729 -- Senators Leatherman, J. Verne Smith, Martin, O'Dell and Elliott: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
S. 730 -- Senator Moore: A BILL TO AMEND SECTIONS 40-47-510, 40-47-530, AND 40-47-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE ACCREDITING AUTHORITY FOR RESPIRATORY CARE PROGRAMS, SO AS TO PROVIDE THAT THIS AUTHORITY MAY BE THE AMERICAN MEDICAL ASSOCIATION OR A SUCCESSOR AUTHORITY RECOGNIZED BY THE BOARD.
Read the first time and referred to the Committee on Medical Affairs.
S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.
Read the first time and referred to the Committee on Medical Affairs.
S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
S. 733 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and Senate shall meet in joint assembly in the hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon to elect a successor to the Honorable E. C. Burnett of the Seventh Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to the Honorable Jamie F. Lee of the Family Court of the Fourth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Robert H. Burnside of the Family Court of the Fifth Judicial Circuit, Seat 1, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Kaye G. Hearn of the Family Court of the Fifteenth Judicial Circuit, Seat 2, whose unexpired term expires June 30, 1998; to elect a successor to the Honorable Maxey G. Watson of the Family Court of the First Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable G. Larry Inabinet of the Family Court of the Second Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Marion D. Myers of the Family Court of the Third Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable R. Wright Turbeville of the Family Court of the Third Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable J. L. Murdock, Jr., of the Family Court of the Fourth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Abigail R. Rogers of the Family Court of the Fifth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable William R. Byars, Jr., of the Family Court of the Fifth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Berry L. Mobley of the Family Court of the Sixth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Clyde K. Laney, Jr., of the Family Court of the Seventh Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Thomas E. Foster of the Family Court of the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Wyatt T. Saunders, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable William K. Charles, Jr., of the Family Court of the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Robert R. Mallard of the Family Court of the Ninth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable Wayne M. Creech of the Family Court of the Ninth Judicial Circuit, Seat 4, whose term expires June 30, 1995; to elect a successor to the Honorable J. Frank McClain of the Family Court of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Tommy B. Edwards of the Family Court of the Tenth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable C. David Sawyer, Jr., of the Family Court of the Eleventh Judicial Circuit, Seat 2, whose unexpired term expires June 30, 1995; to elect a successor to the Honorable Richard W. Chewning, III, of the Family Court of the Eleventh Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable Mary E. Buchan of the Family Court of the Twelfth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable A. E. Morehead, III, of the Family Court of the Twelfth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable John W. Kittredge of the Family Court of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable R. Kinard Johnson, Jr., of the Family Court of the Thirteenth Judicial Circuit, Seat 2, whose term expires June 30, 1995; to elect a successor to the Honorable John T. Black of the Family Court of the Fourteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; to elect a successor to the Honorable Donald A. Fanning of the Family Court of the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 1995; to elect a successor to the Honorable H. E. Bonnoitt, Jr., of the Family Court of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1995; and to elect a successor to the Honorable Lee S. Alford of the Family Court of the Sixteenth Judicial Circuit, Seat 2, whose term expires June 30, 1995.
Be it further resolved that immediately following the election of all judges, the General Assembly shall elect a successor to Mr. Sherman F. Smith of the Old Exchange Building Commission.
Referred to the Committee on Invitations.
S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".
Whereas, Mr. Ernest Allen Burriss was an employee of the South Carolina Department of Highways and Public Transportation from 1921 until his death in 1954; and
Whereas, while employed by the Department of Highways and Public Transportation, Mr. Burriss served with distinction as the Maintenance Supervisor in charge of the Belton District; and
Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from Williamston southward through Belton to the Abbeville County line be named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Williamston southward through Belton to the Abbeville County line described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Ernest Allen Burriss.
On motion of Senator O'DELL, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.
H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DYSCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.
Read the first time and referred to the Committee on Education.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Read the first time and referred to the Committee on Judiciary.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Read the first time and referred to the Committee on Judiciary.
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
Read the first time and referred to the Committee on Medical Affairs.
H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.
Read the first time and referred to the Committee on Judiciary.
H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
Read the first time and referred to the Committee on Judiciary.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NOTICES TO THE PUBLIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1803, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Judiciary.
H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.
Read the first time and referred to the Committee on Banking and Insurance.
H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.
Senator SALEEBY asked unanimous consent to make a motion to recall the Bill from the Committee on Banking and Insurance.
There was no objection.
On motion of Senator SALEEBY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Senator BRYAN from the Committee on Corrections and Penology submitted a majority favorable with amendment and Senator PATTERSON a minority unfavorable report on:
S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.
Ordered for consideration tomorrow.
Senator BRYAN from the Committee on Corrections and Penology submitted a favorable with amendment report on:
S. 64 -- Senators McConnell, Rose, Wilson and Gregory: A BILL TO AMEND SECTION 24-21-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S VIOLATION OF PAROLE, SO AS TO PROVIDE FOR THE FORFEITURE OF EARNED CREDITS UPON A VIOLATION.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3524 favorable with amendment:
H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.
AYES
Courson Wilson Patterson Stilwell Russell O'Dell Passailaigue
NAYS
TOTAL--0
NOT VOTING
Peeler Matthews Thomas
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 3674 favorable with amendment:
H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.
AYES
Courson Wilson Patterson Stilwell Russell O'Dell Passailaigue
TOTAL--0
NOT VOTING
Peeler Matthews Thomas
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from Freestanding Ambulatory Surgery Center Assn. of S.C. to attend a brunch/reception in the lower lobby, State House on Wednesday, April 19, 1995, from 9:30 until 11:30 A.M.
AYES
Courson Wilson Patterson Russell O'Dell Passailaigue Rose
NAYS
TOTAL--0
NOT VOTING
Peeler Matthews Thomas
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations submitted a favorable report on:
An invitation from the Electric Cooperatives of S.C., Inc. to attend a luncheon at the Carolina Coliseum on Wednesday, April 19, 1995, at 1:00 P.M.
AYES
Courson Wilson Patterson Russell O'Dell Passailaigue Rose
NAYS
TOTAL--0
NOT VOTING
Peeler Matthews Thomas
Ordered for consideration tomorrow.
S. 694 -- Senator McGill: A CONCURRENT RESOLUTION TO ESTABLISH APRIL 20TH AS CHICORA INDIAN DAY IN RECOGNITION OF THE CHICORA INDIAN TRIBE'S HISTORICAL SIGNIFICANCE AND CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 696 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 142 SO AS TO ESTABLISH THE SOUTH CAROLINA NEED-BASED GRANT PROGRAM WHERE QUALIFYING UNDERGRADUATE STUDENTS IN A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THE STATE OF SOUTH CAROLINA MAY RECEIVE STATE GRANTS FOR TUITION AND FEES AT THESE INSTITUTIONS, AND TO PROVIDE FOR THE TERMS, CONDITIONS, AND PROCEDURES FOR THESE NEED-BASED GRANTS.
The following Bill and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.
Senator LEVENTIS spoke on the Resolution.
On motion of Senator LEVENTIS, S. 677 was ordered to receive a third reading on Wednesday, April 12, 1995.
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
S. 705 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 118 SO AS TO ENACT THE SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1995 WHICH PERMITS CERTAIN STATE-SUPPORTED COLLEGES AND UNIVERSITIES TO ESTABLISH AN ACADEMIC ENDOWMENT INCENTIVE TRUST FUND THE DISBURSEMENTS FROM WHICH SHALL BE MATCHED BY THE STATE ON A FIFTY PERCENT BASIS TO PROVIDE FUNDS TO SUPPORT ACADEMIC SCHOLARSHIPS, NEED-BASED TUITION ASSISTANCE, ACADEMIC PROGRAMS SPECIFICALLY DEVELOPED TO IMPROVE THE QUALITY OF TEACHER EDUCATION AND FACULTY POSITIONS NECESSARY TO PROVIDE TEACHER EDUCATION IN AREAS DETERMINED TO BE OF CRITICAL NEED.
On motion of Senator SETZLER, the Bill was carried over.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAMS; TO LIMIT AFDC ASSISTANCE TO TWENTY-FOUR OUT OF ONE HUNDRED TWENTY MONTHS AND SIXTY MONTHS IN A LIFETIME AND TO PROVIDE EXCEPTIONS; TO REVISE REQUIREMENTS FOR MANDATORY PARTICIPATION IN A WORK PROGRAM; TO REVISE INCOME AND ASSET LIMITS FOR AFDC ELIGIBILITY; TO PROHIBIT INCREASING AFDC BENEFITS WHEN A CHILD IS BORN INTO AN AFDC FAMILY; TO REQUIRE AFDC RECIPIENTS TO ENTER A DRUG OR ALCOHOL PROGRAM UNDER CERTAIN CONDITIONS; TO REQUIRE AFDC RECIPIENTS WHO ARE MINORS TO MAINTAIN SATISFACTORY SCHOOL ATTENDANCE AND TO LIVE IN THE HOMES OF THEIR PARENTS AND TO PROVIDE EXCEPTIONS; TO REVISE CERTAIN ABSENT PARENT AFDC ELIGIBILITY REQUIREMENTS; TO EMPHASIZE PROVIDING SERVICES TO THE FAMILY AS A WHOLE; TO REQUIRE AFDC RECIPIENTS TO PROVIDE ADDITIONAL INFORMATION ON FATHERS AS A CONDITION OF ELIGIBILITY; TO REVISE THE AMOUNT OF CHILD SUPPORT GIVEN TO AN AFDC RECIPIENT THAT IS COLLECTED BY THE DEPARTMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-936 SO AS TO REQUIRE THE PARENT OF A CHILD TO SUPPORT A GRANDCHILD IF THE PARENT OF THE GRANDCHILD IS UNDER EIGHTEEN YEARS OF AGE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 3 BY ADDING PART II SO AS TO AUTHORIZE AND PROVIDE PROCEDURES FOR THE ENFORCEMENT OF CHILD SUPPORT THROUGH THE REVOCATION OF BUSINESS, OCCUPATIONAL, AND PROFESSIONAL LICENSES, DRIVERS' LICENSES, COMMERCIAL AND RECREATIONAL HUNTING, FISHING, AND TRAPPING LICENSES AND WATERCRAFT REGISTRATIONS; TO AMEND TITLE 20, CHAPTER 7 BY ADDING ARTICLE 32 SO AS TO ESTABLISH AND PROVIDE PROCEDURES FOR THE ESTABLISHMENT AND ENFORCEMENT OF PATERNITY AND CHILD SUPPORT THROUGH AN ADMINISTRATIVE PROCESS; TO AMEND SECTION 43-5-65, RELATING TO ELIGIBILITY FOR AFDC, SO AS TO REVISE CERTAIN REQUIREMENTS AND TO EXTEND CERTAIN REQUIREMENTS TO ELIGIBILITY FOR MEDICAID; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT CONCERNING THE CHILD SUPPORT PLAN, SO AS TO INCLUDE IN RIGHTS ASSIGNED TO THE STATE THE ASSIGNMENT OF THE RIGHT TO COLLECT HEALTH CARE EXPENSES AND MEDICAID REIMBURSEMENT; TO AMEND SECTION 44-7-77, RELATING TO ESTABLISHMENT OF THE IN-HOSPITAL PATERNITY ACKNOWLEDGMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR PROCEDURES TO OBTAIN ACKNOWLEDGMENTS AND TO REQUIRE CERTAIN INFORMATION TO BE SUBMITTED; TO AMEND SECTION 44-63-165, RELATING TO AMENDING BIRTH CERTIFICATES ON ACKNOWLEDGMENT OF PATERNITY, SO AS TO AUTHORIZE THE DEPARTMENT TO RECEIVE A PATERNITY ACKNOWLEDGMENT AT NO CHARGE UPON REQUEST FOR ESTABLISHING CHILD SUPPORT OBLIGATIONS; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR WAIVERS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT CERTAIN PROVISIONS OF THIS ACT; AND TO DESIGNATE SECTIONS 20-70-840 THROUGH 20-7-938 AS PART I, SUBARTICLE 3, ARTICLE 9, CHAPTER 7, TITLE 20 AND NAMED "CHILD SUPPORT PROCEEDINGS AND ENFORCEMENT".
On motion of Senator SHORT, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
S. 628 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-1420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE AMONG OTHER THINGS, THAT THE COST REDUCTIONS REALIZED IN OPERATING RESULTS OF THE FACILITY SHALL BE APPLIED EXCLUSIVELY TO REDUCE THE RECOUPMENT CHARGES ON ALL POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN IN SOUTH CAROLINA; TO AMEND SECTION 38-73-1425, AS AMENDED, RELATING TO THE FINAL RATE ON PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT IN CALCULATING THE FINAL RATE OR PREMIUM CHARGE, IT MUST BE BASED UPON THE COMBINED RATIO OF ALL INSURERS CEDING PRIVATE PASSENGER AUTOMOBILE INSURANCE RISKS TO THE FACILITY; TO AMEND SECTION 38-73-455, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT RATING PLANS MAY PROVIDE FOR DIFFERENT RATES, RATING TIERS, AND RATING PLANS AMONG AFFILIATED COMPANIES; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO DELETE A REFERENCE TO "AN AUTOMOBILE INSURER"; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE INSURANCE AND COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, AUTOMOBILE INSURERS, INCLUDING THOSE COMPANIES WRITING PRIVATE PASSENGER PHYSICAL DAMAGE COVERAGES ONLY, MAY, RATHER THAN "SHALL", MAKE COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE AVAILABLE TO AN INSURED OR QUALIFIED APPLICANT WHO REQUESTS THE COVERAGE; TO AMEND SECTION 38-77-735, AS AMENDED, RELATING TO INSURANCE, THE STATE RATING AND STATISTICAL DIVISION, AND THE PLAN FOR CREDITS AND DISCOUNTS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY NOT BE CEDED TO THE REINSURANCE FACILITY; AND TO PROVIDE THAT RECOUPMENT FEES FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE FOR THE TWELVE MONTHS ENDING JUNE 30, 1996, SHALL NOT EXCEED THE LEVEL CHARGED DURING THE TWELVE-MONTH PERIOD ENDING JUNE 30, 1995, AND THAT REINSURANCE FACILITY LOSSES UNRECOUPED DUE TO THIS PROVISION SHALL BE RECOUPED EVENLY DURING THE THREE-YEAR PERIOD BEGINNING JULY 1, 1996.
The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.
Senator SALEEBY spoke on the Bill.
Senator PASSAILAIGUE was recognized to speak on the Bill.
With Senator PASSAILAIGUE retaining the floor, Senator SALEEBY asked unanimous consent to make a motion that the Senate stand adjourned.
Debate was interrupted by adjournment, Senator PASSAILAIGUE retaining the floor.
MOTION ADOPTED
On motion of Senator WASHINGTON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Elizabeth Taylor Simmons of Charleston, S.C., who passed away at the age of 107 years.
At 1:25 P.M., on motion of Senator SALEEBY, the Senate adjourned to meet tomorrow at 11:00 A.M.
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