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 the Psalmist's supplication for Mercy in Psalm 123 (vv. 1-2) (NRSV):
"To You I lift up my eyes,
O You who are enthroned in the heavens!
As the eyes of servants
look to the hand of their master..."
Let us pray.
O Thou the God that is above this world but yet so much a part of this earth on which mankind is placed: HEAR OUR MORNING PRAYER!
Most of us are heavily involved in political campaigns... our own... and of others.
The physical drain is great! Renew our stamina, O Lord!
The mental strain is great! Equip us, O Lord, with intellectual resources we didn't know we had.
The financial strain is great! Since we'd like to serve, support us by Your mercy.
The stress on our families is great! Provide for their needs because they love us!
We are known as "public servants"! We'd like to be known as "servants of God."
Have mercy!
Amen!
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
February 22, 1996
Mr. President and Members of the Senate:
Due to the resignation of the appointee, I respectfully request withdrawal from your consideration the reappointment below.
Respectfully,
David M. Beasley
Reappointment, Jobs Economic Development Authority, with term to commence June 27, 1995, and to expire June 27, 1998:
1st Congressional District:
Mr. Andrew J. Combs, Number 10 Michele Manor, Hanahan, S.C. 29406
Referred to the Committee on Labor, Commerce and Industry.
The following were introduced:
S. 1207 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, TO DEFINE CERTAIN TERMS, INCLUDING "MEDICAL LITERATURE", AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Banking and Insurance.
S. 1208 -- Senator Mescher: A BILL TO AMEND SECTION 59-39-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES, SO AS TO PROVIDE THAT A STUDENT WHO HAS NOT PASSED AT LEAST FOUR ACADEMIC COURSES MAY PARTICIPATE IN AN INTERSCHOLASTIC ACTIVITY IF THE STUDENT NEEDS FEWER THAN FOUR UNITS TO RECEIVE A HIGH SCHOOL DIPLOMA AND THE STUDENT HAS PASSED ALL OF THE ACADEMIC COURSES WHICH HE HAS TAKEN DURING THE APPLICABLE SEMESTER.
Read the first time and referred to the Committee on Education.
S. 1209 -- Senator Richter: A JOINT RESOLUTION TO RESCIND AND REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING TO DAVID TRUESDELL AN EXCLUSIVE RIGHT TO PLANT OYSTERS ON A TRACT OF MARSHLAND AT THE NORTHEAST END OF SULLIVAN'S ISLAND.
Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS.
Read the first time and referred to the Committee on Judiciary.
S. 1211 -- Senator Ryberg: A BILL TO AMEND SECTION 5-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR A MUNICIPALITY TO FURNISH ANY OF ITS SERVICES OUTSIDE THE CORPORATE LIMITS, SO AS TO PROHIBIT A MUNICIPALITY WHICH HAS EXTENDED FIRE PROTECTION SERVICES TO NONRESIDENT HOMEOWNERS PURSUANT TO A CONTRACTUAL AGREEMENT WHICH DID NOT REQUIRE REFRAINMENT FROM OPPOSITION TO ANNEXATION AS A CONDITION OF RECEIPT OF FIRE PROTECTION SERVICES FROM SUBSEQUENTLY IMPOSING SUCH CONDITION UPON THE NONRESIDENT HOMEOWNER OR A SUBSEQUENT PURCHASER.
Read the first time and referred to the Committee on Judiciary.
S. 1212 -- Senator Ryberg: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR CITIES AND TOWNS TO FURNISH WATER OR ELECTRIC CURRENT BEYOND THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A CITY OR TOWN MAY NOT CHARGE A RATE TO A PERSON WITHOUT THE CORPORATE LIMITS OF THE CITY OR TOWN THAT IS MORE THAN FIFTY PERCENT MORE THAN THE MAXIMUM RATE CHARGED TO PERSONS WHO RESIDE IN THE MUNICIPALITY.
Read the first time and referred to the Committee on Judiciary.
S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Read the first time and referred to the Committee on Judiciary.
S. 1214 -- Senator Ryberg: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR CITIES AND TOWNS TO FURNISH WATER OR ELECTRIC CURRENT BEYOND THE CORPORATE LIMITS, SO AS TO PROVIDE THAT A CITY OR TOWN MAY NOT CHARGE A RATE TO A PERSON WITHOUT THE CORPORATE LIMITS OF THE CITY OR TOWN THAT IS MORE THAN FIFTY PERCENT MORE THAN THE MAXIMUM RATE CHARGED TO PERSONS WHO RESIDE IN THE MUNICIPALITY, EXCEPT UPON APPROVAL OF THE PUBLIC SERVICE COMMISSION AFTER A HEARING, AS PROVIDED IN ARTICLE 3, CHAPTER 5, TITLE 58.
Read the first time and referred to the Committee on Judiciary.
S. 1215 -- Senator Ryberg: A BILL TO AMEND SECTION 5-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR A MUNICIPALITY TO FURNISH ANY OF ITS SERVICES OUTSIDE THE CORPORATE LIMITS, SO AS TO PROVIDE THAT ANY MUNICIPALITY EXTENDING FIRE PROTECTION SERVICES TO PERSONS WITHOUT THE CORPORATE LIMITS OF THE MUNICIPALITY SHALL NOT CHARGE SUCH PERSONS A RATE WHICH IS MORE THAN FIFTY PERCENT MORE THAN THE MAXIMUM RATE CHARGED TO PERSONS RESIDING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY; TO PROVIDE THAT ANY MUNICIPALITY EXTENDING FIRE PROTECTION SERVICES TO PERSONS WITHOUT THE CORPORATE LIMITS OF THE MUNICIPALITY SHALL CHARGE ALL SUCH PERSONS A UNIFORM RATE; AND TO PROVIDE THAT A MUNICIPALITY MAY NOT CHARGE A RATE TO PERSONS WITHIN OR WITHOUT THE CORPORATE LIMITS OF THE MUNICIPALITY WHICH EXCEEDS THE ACTUAL COST OF PROVIDING THE SERVICE.
Read the first time and referred to the Committee on Judiciary.
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.
Read the first time and referred to the Committee on Judiciary.
S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1218 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and ordered placed on the Calendar without reference.
S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED. Read the first time and ordered placed on the Calendar without reference.
S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
On motion of Senator MATTHEWS, S. 1220 was ordered to receive a second and third reading on the next two consecutive legislative days.
S. 1221 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEAVELLE McCAMPBELL MIDDLE SCHOOL OF AIKEN COUNTY UPON BEING NAMED A 1996 STATE WINNER OF THE PALMETTO'S FINEST AWARDS PROGRAM.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1222 -- Senators Moore, Setzler and Ryberg: A CONCURRENT RESOLUTION TO CONGRATULATE THE COUNTY OF AIKEN AND ALL OF ITS CITIZENS UPON THE OCCASION OF ITS ONE HUNDRED TWENTY-FIFTH BIRTHDAY ON MARCH 10, 1996.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1223 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY OF MR. HARRY HOYLE ABERNATHY, JR. AND TO PAY TRIBUTE TO A GENTLEMAN WHOSE LIFE WAS DEDICATED TO HIS FAMILY AND TO SERVING HIS COMMUNITY.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1224 -- Senators Holland, Saleeby, Land, McGill, O'Dell, Glover, Jackson, Lander and Rankin: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.
Read the first time and referred to the Committee on Judiciary.
H. 4696 -- Reps. G. Brown and Sheheen: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF DR. ROY JEFFERSON JOHNSON OF CAMDEN, SOUTH CAROLINA, UPON HIS DEATH.
On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.
Senator SALEEBY from the Committee on Banking and Insurance submitted a majority favorable and Senators LEATHERMAN and MARTIN a minority unfavorable report on:
S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a majority favorable and Senator MARTIN a minority unfavorable report on:
S. 1019 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:
H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.
Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
Ordered for consideration tomorrow.
S. 1206 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MR. ERNEST HENDERSON, SR., TRAINING INSTRUCTOR FOR THE TUSKEGEE AIRMEN.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:
S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.
The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:
H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.
On motion of Senator PEELER, H. 4625 was ordered to receive a third reading on Wednesday, March 6, 1996.
S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
On motion of Senator HAYES, S. 1204 was ordered to receive a third reading on Wednesday, March 6, 1996.
S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.
S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
The Education Committee proposed the following amendment (S-EDUC\1089.1), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 4, Chapter 63 of Title 59 of the 1976 Code is amended to read:
Section 59-63-310. This article may be cited as the 'School Crime Report Act'.
Section 59-63-320. By December 31, 1990, the State Department of Education, after consultation with the State Law Enforcement Division, shall develop a standard school crime reporting form which must be used by all school districts in the State. The form must define what constitutes criminal activity required to be reported and must include, but is not limited to, the following:
(1) types and frequency of criminal incident;
(2) crimes against the person, including:
(a) description of crime;
(b) age and sex of offender and whether the offender is a student. If the offender is a student, whether he attended the school where the crime occurred or a different school, and whether he was under school suspension or expulsion at the time of the offense;
(c) age and sex of the victim and whether the victim is a student. If the victim is a student, whether he attended the school where the crime occurred or a different school. If the victim is not a student, whether he was employed at the school and, if so, in what capacity;
(d) where, at what time, and under what circumstances the incident occurred;
(e) the cost of the crime to the school and to the victim;
(f) what action was taken by the school administration;
(3) crimes against property, including:
(a) description of the crime;
(b) where, at what time, and under what circumstances the crime occurred;
(c) the cost of the crime to the school and to the victim;
(d) what action was taken by the school administration.
Section 59-63-330. On forms prepared and supplied by the State Department of Education, each school district in the State shall report school-related crime quarterly to the State Department of Education. The department shall compile the information received from the districts and annually, not later than January thirty-first of the year following the districts' final quarterly reports of the school year, make a report to the General Assembly on the findings. In addition, the State Department of Education shall, upon receipt, forward all information concerning school related crime to the Attorney General's Office. This information will be used by the Attorney General in the supervision of the prosecution of school crime.
Section 59-63-340. The State Board of Education shall promulgate regulations necessary to enforce the provisions of this article.
Section 59-63-350. Local law enforcement officials are required to contact the Attorney General's 'school safety phone line' to report when any felony, assault and battery of a high and aggravated nature, crime involving a weapon or drug offense is committed on school property or at a school sanctioned or sponsored activity or to report any crime pursuant to Section 59-24-60.
Section 59-63-360. The Attorney General shall monitor all reported school crimes and ensure prosecution of those crimes. The Attorney General may represent the local school district when the case is appealed to an appellate court."
SECTION 2. This act takes effect July 1, 1996./
Amend title to conform.
Senator SETZLER explained the amendment.
There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Senator J. VERNE SMITH asked unanimous consent to take the Resolution up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Resolution. The question being the second reading of the Resolution.
Senators J. VERNE SMITH, FAIR, BRYAN, THOMAS and BOAN proposed the following amendment (S-LCI\4471.001), which was adopted:
Amend the bill, as and if amended, page 2, SECTION 1, by striking lines 23 through 43.
Amend the bill further, as and if amended, page 3, SECTION 1, by striking lines 1 through 3, and by striking lines 32 through 41.
Amend title to conform.
There being no further amendments, the Resolution was read the second time and ordered placed on the third reading Calendar.
Senator BOAN desired to be recorded as voting in favor of unanimous consent for immediate consideration, adoption of the amendment and second reading of the Resolution.
H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Education.
Senator HAYES explained the amendment.
Senator McCONNELL raised a Point of Order under Rule 38, that the Bill had not been on the desks of the members at least one day prior to second reading.
The PRESIDENT sustained the Point of Order.
H. 3879 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-3-315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REVISE THEIR AUTHORITY, POWERS, AND REQUIREMENTS.
On motion of Senator PEELER, the Bill was carried over.
At 12:25 P.M., Senator GIESE requested a leave of absence until 2:00 P.M.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 16B (3901R054.ELP):
Amend the bill, as and if amended, by adding the following appropriately numbered PART:
SECTION 1. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-224. (A) In addition to property tax exemptions allowed pursuant to Section 12-37-220(B), real property assessed pursuant to Section 12-43-220 is exempt from ad valorem taxation to the extent that the value of the property, as determined by the reassessment immediately prior to the most recent reassessment as of the effective date of this act (hereinafter referred to as the benchmark date), is lower than the assessed value, unless the property has been permanently improved or transferred since the benchmark date, in which case subsections (B) or (C) are applicable.
(B) If real property is permanently improved, the value of the improvement is not exempt from ad valorem taxation under this section.
(C) If real property is transferred, it is exempt from ad valorem taxation to the extent that the fair market value, at the time of transfer, of the property is lower than the assessed value. Fair market value is equal to the sale price, except that:
(1) for the purposes of this section, the acquisition of residential property, assessed pursuant to Section 12-43-220(c),
(a) by a spouse by:
(i) interspousal gift or
(ii) equitable distribution pursuant to Section 20-7-472; or
(b) by a surviving spouse from the deceased spouse by devise or operation of law, is not considered a transfer; and
(2) when a transfer occurs between related taxpayers as defined in Section 267(b) of the United States Internal Revenue Code, other than between spouses, the fair market value is equal to the sale price unless the assessor obtains an objective appraisal showing the sale price is not at least ninety percent of the appraisal price, in which case the fair market value is equal to the appraisal price; and
(3) when a transfer occurs and the same property is subsequently transferred back to the transferor, the fair market value is equal to the sale price unless the assessor obtains an objective appraisal showing the sale price is not at least ninety percent of the appraisal price, in which case the fair market value is equal to the appraisal price.
(D) When property is transferred the seller and buyer must each sign an affidavit, swearing under penalty of perjury, stating:
(1) whether or not the seller and the buyer are related, as defined herein; and
(2) whether or not the seller and the buyer believe in good faith that the sales price is at least ninety percent of the appraisal price.
(E) A property taxpayer who disputes the determination of the fair market value of his property pursuant to subsection (C)(2) or (C)(3), or a property taxpayer who can show the value of his property has substantially declined since the benchmark date, may file an appeal pursuant to Article 9, Chapter 60, Title 12.
(F) The Department of Revenue may promulgate regulations to enact the provisions of this section.
(G) Notwithstanding any other provision of law, the value of property exempt from taxation in the manner provided in this section is considered taxable for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3)."
SECTION 2. Chapter 20, Title 59 of the 1976 Code is amended by adding:
"Section 59-20-85. Notwithstanding the computations prescribed in Section 59-20-40, the level of state contributions to each district shall not be reduced to a per-pupil level of foundation program funds below that per-pupil level of state funding of programs for the Education Finance Act.
Provided, a district shall not receive annually an increase in state funds less than the full rate of the inflationary adjustment in the base student cost specified in Section 59-20-40(1)(b). This increase shall be computed annually over and above the amount actually received from the State for the foundation program in the prior fiscal year."
SECTION 3. Unless otherwise specifically provided, this PART takes effect upon approval by the Governor, except that Sections 12-37-224(A), (B), and (C) take effect January 1, 1997, and applies with respect to increases in fair market value attributable to countywide reassessment programs implemented after 1985. No refunds must be paid for property tax years before 1996 as a result of the exemption allowed by this section./
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, with Senator PASSAILAIGUE retaining the floor.
I voted against the adoption of the PASSAILAIGUE amendment (Amendment No. 15C) on H. 3901 on Thursday, February 29, 1996, because I object to the language regarding Home Rule.
I was unable to stay for the final hour of the Senate's Thursday, February 29, 1996, session, as I had to leave for Charleston to undergo medical testing at the Medical University of South Carolina. Had I been present, I would have voted to support passage of Senator Passailaigue's amendment which would allow the people of South Carolina to vote on this important matter.
Having received a favorable report from the Kershaw County Delegation, the following appointment was confirmed in open session:
Reappointment, Kershaw County Master-in-Equity, with term to commence July 1, 1995, and to expire July 1, 2001:
Honorable Rolly W. Jacobs, Post Office Box 664, Camden, S.C. 29020
At 1:13 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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