South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Tuesday, February 4, 1992

(Statewide Session)

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 ACTING PRESIDENT, Senator DRUMMOND.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, we read in "Today's English Version", Proverbs, Chapter 3 (vv.3,4):
"Never let go of loyalty and faithfulness. Tie them around your neck; Write them on your heart. If you do this, both God and man will be pleased with you."
Let us pray.

O Lord, God of Creation, Ruler of men and of nations: in this quiet pause in today's busy schedule we turn from the clamor of the world, from drab duties, and dateline pressures, to open our minds and hearts to Your higher illumination.

Spare us from such preoccupation with the burdens of the day that we fail to see the distant scene.

We beseech your blessing upon thy servant Nikki Setzler and his family in the passing of his close relative, Terry Richardson.

We pay that our vision may be lifted beyond things as they ARE to a vision of a New World Order of things as the OUGHT to be.

May we hear... even in the "still small voice"... the words of the wise man of old... perhaps Solomon, and be loyal and faithful to the best that we know... today... in the Name of Solomon's God.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

January 28, 1992
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Member, Greenville County Board of Voter Registration, with term to expire March 15, 1992:

Mrs. Nelle G. Power, 115 Pinehurst Drive, Mauldin, South Carolina 29662 VICE Sandra E. Peterson (resigned)

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

January 29, 1992
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,
Carroll A. Campbell, Jr.

Local Appointments

Reappointments, Members, Chester County Board of Voter Registration, with terms to expire March 15, 1994:

Mrs. Margaret C. Franklin, 40 Pendleton Street, Great Falls, South Carolina 29055

Mr. Wade H. McManus, 104 Courtland Street, Chester, South Carolina 29706

Mrs. Martha F. Love-Gregory, Post Office Box 181, Chester, South Carolina 29706

Mr. Marion B. Kee, Route 1, Box 202, Richburg, South Carolina 29729

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

January 28, 1992
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointment

Initial Appointment, Member, Greenville County Board of Voter Registration, with term to expire March 15, 1992:

Mrs. Nelle G. Power, 115 Pinehurst Drive, Mauldin, South Carolina 29662 VICE Sandra E. Peterson (resigned)

PRESIDENT PRESIDES

At 12:45 P.M., the PRESIDENT assumed the Chair.

Doctor Of The Day

Senator LEATHERMAN introduced Dr. Stephen A. Imbeau of Florence, South Carolina, Doctor of the Day.

Point Of Privilege

Senator SHEALY rose to a Point of Privilege.

Point Of Personal Privilege

Senator MARTSCHINK rose to a Point of Personal Privilege.

Point Of Personal Privilege

Senator ROSE rose to a Point of Personal Privilege.

Point Of Personal Privilege

Senator PASSAILAIGUE rose to a Point of Personal Privilege.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1241 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY TO THE FAMILY AND MANY FRIENDS OF THE LATE WILEY KOON, SR.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1242 -- Senator Wilson: A CONCURRENT RESOLUTION EXTENDING THE SINCERE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE CURTIS THOMAS WYCKOFF.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1243 -- Senators Mitchell, Gilbert, Passailaigue, Macaulay, Matthews, Courtney, Rose, Pope, Fielding, Patterson, Leventis, Robert W. Hayes, Jr., Holland, Drummond, Carmichael, Mullinax, Williams, Washington and Land: A CONCURRENT RESOLUTION TO COMMEND MISS ANISA KINTZ OF HORRY COUNTY FOR HER OUTSTANDING EFFORTS TO ATTACK RACISM AND TO EDUCATE OTHER CHILDREN AND ADULTS.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 1244 -- Senator Land: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK, AND POULTRY, BY ADDING CHAPTER 21 SO AS TO ENACT THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT, AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10 SO AS TO ADD TO THE LIST THE OFFENSES DESIGNATED FELONIES IN THE FARM ANIMAL AND RESEARCH FACILITIES PROTECTION ACT.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1245 -- Senators Saleeby, Land, McConnell, Mullinax, Pope and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-25 SO AS TO PROVIDE TEMPORARY WORKERS' COMPENSATION COVERAGE FOR AN APPLICANT TO AN APPROVED SELF-INSURANCE FUND.

Read the first time and referred to the Committee on Banking and Insurance.

S. 1246 -- Senator Rose: A BILL TO AMEND SECTION 4-10-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF REVENUE ALLOCATED TO THE PROPERTY TAX CREDIT FUND, SO AS TO PROVIDE FOR APPLICATION OF PROPERTY TAX CREDIT TO SCHOOL MILLAGE LEVIES.

Read the first time and referred to the Committee on Finance.

S. 1247 -- Senators Martschink, Lourie, Giese, Drummond, Wilson, Setzler, O'Dell, Courson, Robert W. Hayes, Jr., Thomas, Rose, Peeler, Helmly, Courtney, Holland, Leatherman, Moore, McGill, J. Verne Smith, Russell and Shealy: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO STATE OFFICERS BY ADDING SECTION 10 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY, NOT LATER THAN JANUARY 15, 1995, BY GENERAL LAW SHALL PROVIDE FOR AN EXECUTIVE CABINET OF THE GOVERNOR CONSISTING OF NOT MORE THAN FIFTEEN MEMBERS AS HEADS OF DEPARTMENTS ORGANIZED AS FAR AS PRACTICABLE ACCORDING TO MAJOR PURPOSES AND FUNCTIONS AS DETERMINED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THOSE AGENCIES OR DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT INCLUDED IN THE EXECUTIVE CABINET SHALL PERFORM THEIR FUNCTIONS AND RESPONSIBILITIES UNDER THE AUSPICES AND SUPERVISION OF THE CABINET DEPARTMENT HEAD UNDER WHOSE JURISDICTION THEY COME.

Senator MARTSCHINK spoke on the Joint Resolution.

Read the first time and referred to the Committee on Judiciary.

Point Of Order

Senator MULLINAX raised a Point of Order that the Resolution was out of order inasmuch as it violates the provisions of Article XVI, Section 1 of the S.C. Constitution insofar as the Resolution attempts to amend several articles of the S.C. Constitution. In other words, this Joint Resolution attempts to do indirectly what Section 1 of Article XVI of the Constitution directly prohibits.

Additionally, the subject matter of this resolution by its very wording contemplates several questions and therefore would be out of order as well under Section 2 of Article XVI.
Specifically, I would further note that Article IV of the Constitution sets forth the powers and duties, the responsibilities of and the constraints on the Executive Department. If the interest and effort behind the Joint Resolution is to remove or change certain constitutional officers, then Section 7 of Article VI must be amended.

Lastly, I would call the President's attention to the provisions of Article XII of the Constitution wherein it confers upon the General Assembly the complete power to "provide appropriate agencies" and to "determine the activities, powers, and duties of such agencies."

The PRESIDENT took the Point of Order under advisement.

Senator MARTSCHINK continued speaking on the Resolution.

Point Of Order

Senator LEATHERMAN raised a Point of Order that the debate was out of order on the Resolution inasmuch as the Resolution had been introduced and referred and was not presently before the body.

The PRESIDENT stated that under the provisions of Rule 28, a member is granted leave to make a brief statement upon the introduction of a Bill or Resolution.

Senator DRUMMOND spoke on the Resolution.

S. 1248 -- Senator Robert W. Hayes, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 27-21-22 AND 27-21-24 SO AS TO PROVIDE THE MANNER IN WHICH A SHERIFF OR CHIEF OF POLICE SHALL USE ABANDONED OR RECOVERED STOLEN PROPERTY AND PROVIDE FOR THE NOTIFICATION TO OWNERS OF ABANDONED OR RECOVERED STOLEN PROPERTY BY THE SHERIFF OR CHIEF OF POLICE OF A MUNICIPALITY; AND TO AMEND SECTION 27-21-20, RELATING TO THE AUTHORIZATION OF A SHERIFF TO SELL ABANDONED OR RECOVERED STOLEN PROPERTY AT PUBLIC AUCTION WHEN THE OWNER CANNOT BE FOUND AND THE REQUIREMENTS FOR ADVERTISEMENT OF THE SALE AND THE DISPOSITION OF THE PROCEEDS OF THE SALE, SO AS TO REVISE THE PROCEDURE FOR SELLING THIS PROPERTY AND AUTHORIZE THE CHIEF OF POLICE OF A MUNICIPALITY TO SELL THE SAME PROPERTY.

Read the first time and referred to the Committee on Judiciary.

S. 1249 -- Senators Williams and Holland: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUG FORFEITURE PROCEDURES, DISPOSITION OF FORFEITED ITEMS, AND DISPOSITION OF SALES OF FORFEITED ITEMS, SO AS TO MAKE PERMANENT THE TEMPORARY DISPOSITION PROVISIONS OF ACT 604 OF 1990, INCLUDING THE DISTRIBUTION OF TWENTY PERCENT OF FORFEITED PROPERTY TO PROSECUTION AGENCIES.

Read the first time and referred to the Committee on Judiciary.

S. 1250 -- Senator Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTION 6-7-310 THROUGH 6-7-1110 OF CHAPTER 7 OF TITLE 6 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

Read the first time and referred to the Committee on Judiciary.

S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.

Read the first time and referred to the Committee on Judiciary.

S. 1252 -- Senators Saleeby, Gilbert, Leatherman, McGill, Carmichael and Hinds: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 13, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, SO AS TO CREATE THE PEE DEE VALLEY AUTHORITY, AND TO DEFINE ITS MEMBERSHIP, POWERS, AND DUTIES.

Read the first time and referred to the Committee on Judiciary.

S. 1253 -- Senators Nell W. Smith, Moore, Mullinax and Pope: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION IN DOMESTIC LITIGATION TO ORDER PARTIES TO A MEETING WITH A QUALIFIED PROFESSIONAL MEDIATOR AND DEFINE MEDIATOR.

Read the first time and referred to the Committee on Judiciary.

S. 1254 -- Senator Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 1 TO TITLE 28 SO AS TO ESTABLISH THE PRIVATE PROPERTY PROTECTION ACT, TO PROVIDE DEFINITIONS, PROTECTION OF PRIVATE PROPERTY FROM PUBLIC TAKING, REQUIRE ADMINISTRATIVE REVIEW BY THE ATTORNEY GENERAL, AND TO PROVIDE FOR JUDICIAL REVIEW.

Read the first time and referred to the Committee on Judiciary.

S. 1255 -- Senators Macaulay, Peeler and Giese: A BILL TO AMEND SECTION 44-75-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ATHLETIC TRAINERS' ACT OF SOUTH CAROLINA, SO AS TO REVISE THE DEFINITION OF "ATHLETIC TRAINER"; TO AMEND SECTION 44-75-50 RELATING TO REQUIREMENTS FOR CERTIFICATION OF AN ATHLETIC TRAINER, SO AS TO CLARIFY THESE REQUIREMENTS; AND TO AMEND SECTION 44-75-100, RELATING TO CERTAIN EDUCATIONAL OR ATHLETIC ORGANIZATION EMPLOYMENT THAT CONSTITUTES EMPLOYMENT AS AN ATHLETIC TRAINER, SO AS TO INCLUDE EMPLOYMENT ON A CONTRACTUAL BASIS AND EMPLOYMENT WITH A HOSPITAL OR REHABILITATION CENTER AS CONSTITUTING EMPLOYMENT AS AN ATHLETIC TRAINER.

Read the first time and referred to the Committee on Medical Affairs.

S. 1256 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 TO TITLE 44 SO AS TO ENACT THE "ASSESSMENT OF AND INTERVENTION IN THE PERINATAL EFFECTS OF ALCOHOL, CONTROLLED SUBSTANCES, AND CIGARETTES ACT" SO AS TO REQUIRE THAT PHYSICIANS PROVIDE COUNSELING TO PREGNANT WOMEN ON THESE EFFECTS; TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO PROVIDE EDUCATIONAL PROGRAMS AND MATERIALS TO PHYSICIANS PROVIDING OBSTETRICAL AND GYNECOLOGICAL CARE; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH, AND THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH MULTIDISCIPLINARY TEAMS TO ADVISE PHYSICIANS ON THESE ISSUES; TO PROVIDE OPTIONAL REPORTING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OF FAMILIES WITH CHILDREN EXPOSED TO DRUGS OR ALCOHOL; TO ALLOW THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE PREVENTION SERVICES; TO REQUIRE REPORTING OF HIGH RISK PREGNANCIES TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND REQUIRE THE DEPARTMENT TO CONDUCT DRUG PREVALENCE TESTS TO DETERMINE TRENDS IN PREGNANCY SUBSTANCE ABUSE; AND TO AMEND SECTION 59-32-20, RELATING TO COMPREHENSIVE HEALTH EDUCATION INSTRUCTIONAL UNITS FOR SCHOOL DISTRICTS, SO AS TO REQUIRE SCHOOL DISTRICTS TO INCLUDE THE EFFECTS OF PERINATAL SUBSTANCE ABUSE IN THEIR DRUG AND ALCOHOL EDUCATION PROGRAMS.

Read the first time and referred to the Committee on Medical Affairs.

S. 1257 -- Senators Hinson, Wilson, McConnell, Russell, Giese, Rose, Setzler, Shealy, Mitchell, Martschink, Gilbert, Washington, Matthews and Reese: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE SAFETY BELTS, SO AS TO DELETE THE PROVISION WHICH ALLOWS A VIOLATION TO BE CHARGED WHEN A PERSON IS STOPPED FOR A DRIVER'S LICENSE OR REGISTRATION CHECK AT A CHECKPOINT.

Read the first time and referred to the Committee on Transportation.

S. 1258 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM LICENSING REQUIREMENTS, SO AS TO PROVIDE A NEW RESIDENT OF THIS STATE WHO IS AT LEAST SIXTEEN YEARS OF AGE AND HAS A VALID OPERATOR OR CHAUFFEUR'S LICENSE MAY OPERATE A MOTOR VEHICLE IN THIS STATE FOR NOT MORE THAN NINETY DAYS FROM THE DATE HE ESTABLISHES RESIDENCY IN THIS STATE.

Read the first time and referred to the Committee on Transportation.

S. 1259 -- Senators Bryan, Mullinax and O'Dell: A BILL TO AMEND SECTION 56-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS, SO AS TO CHANGE THE TIME PERIOD FOR OPERATION OF MOTOR VEHICLES.

Read the first time and referred to the Committee on Transportation.

S. 1260 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE STANDARD VALUATION LAW, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS REGARDING OPINIONS OF QUALIFIED ACTUARIES FOR LIFE INSURANCE COMPANIES DOING BUSINESS IN THIS STATE AND PROVIDE FOR THE REQUIRED AMOUNT OF AGGREGATE RESERVES.

Read the first time and ordered placed on Calendar without reference.

S. 1261 -- Banking and Insurance Committee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE FOR SIX YEARS.

Read the first time and ordered placed on the Calendar without reference.

S. 1262 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

Read the first time and ordered placed on the Calendar without reference.

S. 1263 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-9-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF DEPOSIT OR SECURITIES REQUIRED OF INSURERS, SO AS TO AUTHORIZE THE INSURANCE COMMISSIONER TO REQUIRE DEPOSITS IN EXCESS OF THE LIMITS IN THE SECTION; TO AMEND SECTION 38-9-100, RELATING TO CONDITIONS UNDER WHICH DEPOSITS ARE NOT NECESSARY, SO AS TO AUTHORIZE THE COMMISSIONER TO REQUIRE A DEPOSIT OF QUALIFIED INSURERS INSTEAD OF REQUIRING THE INSURER TO BE RELIEVED OF MAKING THE DEPOSIT; AND TO AMEND SECTION 38-33-130, RELATING TO SECURITY DEPOSITS AND OTHER REQUIREMENTS FOR HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO REQUIRE THE ORGANIZATIONS TO SATISFY THE REQUIREMENTS APPLICABLE TO AN INSURER FOR THE RETURN OF DEPOSITED SECURITIES.

Read the first time and ordered placed on the Calendar without reference.

S. 1264 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION AND SUSPENSION OF CERTIFICATES OF AUTHORITY GRANTED TO INSURERS, SO AS TO REVISE THE CONDITIONS UNDER WHICH THE COMMISSIONER MAY ISSUE CERTAIN ORDERS WHEN AN INSURER IS IN AN UNSOUND OR HAZARDOUS CONDITION.

Read the first time and ordered placed on the Calendar without reference.

S. 1265 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-13-10 THROUGH 38-13-60, AS AMENDED, RELATING TO THE EXAMINATION, INVESTIGATION, REPORTS, PENALTIES, AND REMEDIES OF INSURERS, SO AS TO REVISE CURRENT PROVISIONS TO PROVIDE FOR SCHEDULING OF FINANCIAL EXAMINATIONS OF INSURERS, METHOD OF CONDUCTING EXAMINATIONS, CONTENT, FILING, ADOPTION, PUBLICATION, AND USE OF EXAMINATION REPORTS, CONFIDENTIALITY OF ANCILLARY INFORMATION, COST OF EXAMINATIONS, AND IMMUNITY FOR STATEMENTS MADE OR CONDUCT ENGAGED IN IF PERFORMED IN GOOD FAITH WHILE PERFORMING A FINANCIAL EXAMINATION.

Read the first time and ordered placed on the Calendar without reference.

S. 1266 -- Senators Robert W. Hayes, Jr., Peeler and Hinson: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE ROCK HILL NO. 6 INTO ROCK HILL NO. 6A AND ROCK HILL NO. 6B.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4327 -- Reps. Phillips, Carnell, Kinon, Marchbanks and L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY OF AIKEN COUNTY AND ITS ASSOCIATES OF GREIGE MILLS AND SERVICE AREAS FOR THEIR OUTSTANDING PERFORMANCE AND ACCOMPLISHMENT IN WORK SAFETY BY OPERATING FOR TWO YEARS WITHOUT A "LOST TIME" INJURY WHICH AMOUNTS TO OVER TWENTY-SEVEN MILLION WORK HOURS.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 4345 -- Reps. G. Bailey, Wofford, A. Young and Gonzales: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE JOHN F. "JACK" WILBANKS OF SUMMERVILLE FOR OUTSTANDING SERVICE TO THE COMMUNITY.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3996 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 39 SO AS TO PROVIDE FOR THE REGULATION OF A CREDIT SERVICES ORGANIZATION AND PROVIDE PENALTIES FOR VIOLATION.

Read the first time and referred to the Committee on Banking and Insurance.

H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.

Read the first time and referred to the Committee on Finance.

H. 4262 -- Rep. J. Bailey: A BILL TO AMEND SECTION 4-9-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PROPERTY TAX ASSESSMENTS FOR REHABILITATED HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO REVISE THE SPECIAL EIGHT-YEAR ASSESSMENT TO THE GREATER OF FORTY PERCENT OF FOUR PERCENT OF THE APPRAISAL VALUE AFTER REHABILITATION OR CERTIFICATION OR THE ORIGINAL ASSESSMENT ON THE PROPERTY, TO MAKE INELIGIBLE FOR THE ASSESSMENT PROPERTY REHABILITATED AS A RESULT OF NATURAL DISASTER, CATASTROPHE, ACCIDENT, OR FORCE MAJEURE, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO LOW AND MODERATE INCOME RENTAL PROPERTY.

Read the first time and referred to the Committee on Finance.

H. 3790 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-11-155 SO AS TO PROVIDE THAT FOR PURPOSES OF REINSTATEMENT OF A CONTRACTOR'S LICENSE, A PERSON WHO PREVIOUSLY STOOD AND PASSED THE CONTRACTOR'S LICENSING EXAMINATION JOINTLY MUST BE TREATED AS IF HE STOOD AND PASSED THE EXAMINATION INDIVIDUALLY.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.

Read the first time and referred to the General Committee.

H. 3946 -- Rep. Quinn: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.

Read the first time and referred to the Committee on Judiciary.

H. 3777 -- Rep. Cromer: A BILL TO AMEND ARTICLE 13, CHAPTER 3, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF DANGEROUS DOGS, SO AS TO PROVIDE FOR THE ARTICLE TO APPLY TO DANGEROUS ANIMALS, REVISE PENALTIES, AND REQUIRE A SURETY BOND AND LIABILITY INSURANCE; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES IN ARTICLE 13.

Read the first time and referred to the Committee on Judiciary.

H. 3447 -- Reps. Wilkins, J. Williams, Lanford, Clyborne, Sturkie, Wright, Chamblee, Hayes, Tucker, Farr, Cork, Hendricks, J. Bailey, Wofford, Burch, McKay, Rama, Bruce, Harvin, H. Brown, Baker, Fair, Baxley, Snow, L. Martin, Waldrop, Keyserling, Felder, Keegan and Phillips: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REQUIRE THAT A CANDIDATE FOR SHERIFF BE AT LEAST TWENTY-SIX YEARS OF AGE, A RESIDENT OF THE COUNTY FOR TWO YEARS, HAVE FIVE YEARS OF LAW ENFORCEMENT EXPERIENCE, BE FINGERPRINTED AND HAVE A FINGERPRINT SEARCH CONDUCTED, AND FILE WITH THE CLERK OF COURT AN AFFIDAVIT.

Read the first time and referred to the Committee on Judiciary.

H. 4293 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPITALS AND INSTITUTIONAL GENERAL INFIRMARIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1375, 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 Medical Affairs.

H. 4308 -- Reps. L. Elliott and Harwell: A BILL TO AMEND ACT 197 OF 1991 RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator LAND, from the Committee on Agriculture and Natural Resources, submitted a favorable report on:

S. 1048 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 39, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-39-85 SO AS TO PROVIDE FOR THE DEVELOPMENT BY THE COASTAL COUNCIL OF AN "ADOPT-A-BEACH" PROGRAM.

Ordered for consideration tomorrow.

Invitations Accepted

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from S.C. Recreation and Parks Association, to attend a reception at the Town House on Wednesday, February 5, 1992, from 6:00 - 7:00 P.M.

The invitation was accepted.

Senator COURSON, from the Committee on Invitations, submitted a favorable report on:

An invitation from S.C. Cable Television Association, to attend a reception/beach party at the Marriott Hotel on Wednesday, February 5, 1992, from 7:30 - 11:00 P.M.

The invitation was accepted.

SECOND READING BILL

The following Bill having been read the second time was passed and ordered to a third reading:

S. 797 -- Senator Martin: A BILL TO AMEND ACT 1059 OF 1970, RELATING TO THE FAIRFIELD COUNTY RECREATION DISTRICT, SO AS TO REVISE THE AREA OF THE DISTRICT.

Ordered To A Third Reading

On motion of Senator MARTIN, S. 797 was ordered to receive a third reading on Wednesday, February 5, 1992.

MOTION ADOPTED
On motion of Senator SETZLER, with unanimous consent, the Senate adjourned out of respect to the memory of Mr. Terry Richardson of West Columbia, S.C.

ADJOURNMENT

At 1:32 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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