1995 Permanent Senate Journal Printed Pages 1660-1670 - South Carolina Legislature Online

Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

Printed Page 1650, Apr. 6 | Printed Page 1670, Apr. 11

Printed Page 1660 . . . . . Tuesday, April 11, 1995

Doctor of the Day

Senator GIESE introduced Dr. Daniel W. Davis of Columbia, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator WASHINGTON, at 12:00 Noon, Senator MATTHEWS was granted a leave of absence for today.

Point of Personal Interest

Senator MARTIN rose to a Point of Personal Interest.

HOUSE AMENDMENTS AMENDED
RETURNED TO THE HOUSE WITH AMENDMENTS

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

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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

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member of an authority mustcomply 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

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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

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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:

Privilege of the Chamber and Floor

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.

Privilege of the Chamber and Floor

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.

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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.

RECALLED, READ THE THIRD TIME, SENT TO THE HOUSE

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

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EDUCATION CURRICULA CONCERNING THE EFFECTSOF 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.

RECALLED AND COMMITTED

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.

Committed

On motion of Senator DRUMMOND, with unanimous consent, the Resolution was committed to the Committee on Judiciary.

INTRODUCTION OF BILLS AND RESOLUTIONS

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

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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.