SENATE JOURNAL for Apr. 14, 1993 - South Carolina Legislature Online

South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, April 14, 1993

(Statewide Session)

~~Indicates Matter Stricken~~
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

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

Beloved, in many circumstances of life we need to hear again and again the words of the Psalmist -- especially the 23rd:

"The Lord is my Shepherd,

I shall not want ---

He Leadeth me into green pastures..."
Let us pray.

Our Father, whether in the thicket of the wilderness of a legislative session or in the hour of personal tragedy, help us to remember the words, "The Lord is my Shepherd."

We join the many friends of the Thurmond family as we bring before Your Throne of Grace the needs of the family at this hour.

We pray that Your hand of mercy and grace will rest upon Your dear servant that we know as "little Nancy" Thurmond.

Bless and guide the doctors and technicians that they may be instruments of healing and support - in Your hand!

We say our prayer in the name of Him who said to the Centurian's daughter -- long ago -- "Daughter arise!"

Amen!

Point of Quorum

Senator RYBERG made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MOORE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Hayes Holland Jackson
Land Lander Leventis
Macaulay Martin Matthews
McConnell McGill Mescher
Mitchell Moore O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Russell Ryberg Saleeby
Setzler Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

The Senate resumed.

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

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1573
Promulgated by Public Service Commission
Service Supplied by Gas Utilities
Received by Lt. Governor April 8, 1993
Referred to Senate Committee on Judiciary
120 day review expiration date March 15, 1994

Document No. 1596
Promulgated by Public Service Commission
Customer Relations
Received by Lt. Governor April 8, 1993
Referred to Senate Committee on Judiciary
120 day review expiration date March 15, 1994

Document No. 1637
Promulgated by Board of Nursing
Licenses; Revocation and Suspension; Renewal; Fees
Received by Lt. Governor April 8, 1993
Referred to Senate Committee on Medical Affairs
120 day review expiration date March 15, 1994

Message from the House

Columbia, S.C., April 13, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has tabled:
S. 508 -- Senators Hayes and Short: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.
Very respectfully,
Speaker of the House

Received as information.

Doctor of the Day

Senator GREG SMITH introduced Dr. Gerald Harmon of Georgetown, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator McCONNELL, at 11:15 A.M., Senator ROSE was granted a leave of absence for today.

RECALLED

S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.

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.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 684 -- Senator Russell: A SENATE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE SENATE TO DR. OLIN B. SANSBURY, JR., CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG, ON THE OCCASION OF HIS RETIREMENT AS CHANCELLOR.

The Senate Resolution was adopted.

S. 685 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND SECTION 12-37-266, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE HOMESTEAD EXEMPTION TO PROPERTY HELD IN TRUST FOR LIFE, SO AS TO PROVIDE THAT THE EXEMPTION APPLIES WHEN THE OTHERWISE ELIGIBLE BENEFICIARY OF A TRUST POSSESSES USE OF THE DWELLING.

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

S. 686 -- Senators Bryan, Wilson, Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 15-75-60 AND 15-75-65 SO AS TO PROHIBIT FALSE CLAIMS TO DEFRAUD THE STATE, TO PROVIDE A CIVIL PENALTY, AND TO PROVIDE FOR A CIVIL ACTION.

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

S. 687 -- Senator Bryan: 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 SECTIONS 6-7-310 THROUGH 6-7-1110 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. 688 -- Senator O'Dell: A BILL TO PROVIDE THAT CREDIT LIFE, PROPERTY, ACCIDENT AND HEALTH INSURANCE PREMIUMS CHARGED BY SUPERVISED LENDERS UNDER THE CONSUMER PROTECTION CODE OR BY RESTRICTED LENDERS UNDER THE CONSUMER FINANCE LAW ARE SUBJECT TO A MINIMUM CHARGE AND A MINIMUM RETENTION OF THREE DOLLARS.

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

S. 689 -- Senator Reese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT SUPPLIES AND EQUIPMENT OF CHARITABLE HOSPITALS.

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

S. 690 -- Senator Waldrep: A BILL TO REQUIRE THAT REVENUES CREDITED TO THE STATE HIGHWAY FUND AS OF JUNE 30, 1994, MUST BE CREDITED AS OF JULY 1, 1994, TO THE GENERAL FUND OF THE STATE, PROVIDE THAT FEES AND TAXES IMPOSED OR LEVIED BY LAW AS OF JUNE 30, 1994, CREDITED TO THE FUND ARE CONSIDERED TO BE IMPOSED OR LEVIED FOR THE GENERAL OPERATION OF STATE GOVERNMENT BEGINNING JULY 1, 1994, AND PROVIDE SEPARATE LEGISLATION FOR APPROPRIATION TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

S. 691 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65 SO AS TO PROVIDE QUALIFICATIONS FOR A CANDIDATE FOR THE SENATE.

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

S. 692 -- Senators Glover and Ford: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR PARDON, SO AS TO PROVIDE THAT AN INMATE MAY BE CONSIDERED FOR PARDON BEFORE PAROLE ELIGIBILITY UPON EVIDENCE OF A HISTORY OF DOMESTIC VIOLENCE AT THE HANDS OF THE VICTIM WHICH CONTRIBUTED TO THE COMMISSION OF THE OFFENSE BY THE INMATE.

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

S. 693 -- Senator Richter: A BILL TO AMEND SECTIONS 40-60-20 THROUGH 40-60-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CERTAIN DEFINITIONS; ESTABLISH PARAMETERS FOR PRACTICE BY STATE LICENSED REAL ESTATE APPRAISERS, STATE CERTIFIED RESIDENTIAL REAL ESTATE APPRAISERS AND APPRAISER APPRENTICES; PROVIDE FOR COMPOSITION OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD; PROVIDE FOR APPOINTMENT OF A DIRECTOR; PROVIDE FOR APPLICATION, LICENSURE, PERMITTING AND CONTINUING EDUCATION FEES FOR APPRAISER APPRENTICES, STATE REGISTERED REAL ESTATE APPRAISERS, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISERS; TO PROVIDE FOR QUALIFICATIONS, CRITERIA FOR INDIVIDUALS TO BECOME LICENSED, PERMITTED, REGISTERED OR CERTIFIED TO PRACTICE IN THE AREA OF REAL ESTATE APPRAISAL; TO PROVIDE FOR REGULATORY AND INVESTIGATORY AUTHORITY OF THE STATE REAL ESTATE APPRAISERS BOARD; TO AMEND CHAPTER 60, TITLE 40 OF THE 1976 CODE BY ADDING SECTION 40-60-145, SO AS TO REQUIRE THAT THE REAL ESTATE APPRAISERS BOARD ADOPT THE UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE AS ITS OPERATING GUIDE; AND TO AMEND SECTIONS 40-60-150 THROUGH 40-60-210, SO AS TO ESTABLISH COMPLAINT INVESTIGATION PROCEDURES FOR THE BOARD; TO PROVIDE FOR REGULATION OF THE USE OF THE TITLES OF APPRAISER APPRENTICE, STATE REGISTERED REAL ESTATE APPRAISER, STATE LICENSED REAL ESTATE APPRAISERS, AND STATE CERTIFIED REAL ESTATE APPRAISER.

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

S. 694 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-990 SO AS TO PROVIDE THAT THE COMMISSION ON PROSECUTION COORDINATION MAY PROMULGATE THOSE REGULATIONS NECESSARY TO ASSIST IT IN THE PERFORMANCE OF ITS REQUIRED DUTIES AND TO AMEND SECTION 8-11-260, RELATING TO STATE EMPLOYEES WHO ARE EXEMPT FROM THE STATE CLASSIFICATION AND COMPENSATION PLAN, SO AS TO ALSO EXEMPT THE EMPLOYEES OF THE COMMISSION ON PROSECUTION COORDINATION.

Senator HOLLAND spoke on the Bill.

Read the first time and on motion of Senator HOLLAND, with unanimous consent, ordered placed on the Calendar without reference.

Ordered to a Second Reading

On motion of Senator HOLLAND, S. 694 was ordered to receive a second reading on Thursday, April 15, 1993.

S. 695 -- Senators Hayes, Gregory, Peeler, Short, J. Verne Smith and Drummond: A JOINT RESOLUTION TO PROVIDE FOR PAYMENT OF THE CATAWBA INDIAN LAND SETTLEMENT CLAIM.

Read the first time and on motion of Senator HAYES, with unanimous consent, ordered placed on the Calendar without reference.

H. 3940 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO DECLARE THURSDAY, APRIL 22, 1993, AS "UNIVERSITY OF SOUTH CAROLINA COLLEGE OF LIBRARY AND INFORMATION SCIENCE DAY" IN RECOGNITION OF ITS 20TH ANNIVERSARY.

Whereas, the University of South Carolina College of Library and Information Science (CLIS) is the largest masters degree program in library and information science in the Southeast, fully accredited by the American Library Association, and has graduated more than one thousand five hundred students from its program in the past twenty years; and

Whereas, the University of South Carolina College of Library and Information Science continues to meet South Carolina's critical need for school library media specialists, while at the same time becoming a national leader in distance education with transmission of its programs to distant learners not only in South Carolina, but also in West Virginia and Georgia. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That Thursday, April 22, 1993, be declared "University of South Carolina College of Library and Information Science Day" in recognition of its 20th Anniversary.

Be it further resolved that on April 22, 1993, the following citation be printed inside the front cover of the House calendar:

University of South Carolina

College of Library and Information Science

"Celebrating 20 years of Excellence in

Library and Information Science Education"

Dr. Fred W. Roper, Dean 1986-

Dr. John N. Olsgaard, Acting Dean 1985-1986

Dr. F. William Summers, Dean 1976-1985

Dr. Wayne S. Yenawine, Dean 1970-1976

Be it further resolved that a copy of this resolution be forwarded to Dr. Fred W. Roper.

Referred to the Committee on Invitations.

H. 3943 -- Reps. Kirsh, Simrill, Moody-Lawrence and Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE DR. JOHN M. PRATT OF YORK COUNTY ON THE OCCASION OF HIS RETIREMENT FROM THE PRACTICE OF MEDICINE AND WISHING HIM THE BEST IN HIS RETIREMENT.

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

H. 3947 -- Reps. Carnell, Stoddard, McAbee and D. Wilder: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES F. KANE, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA'S COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS MORE THAN TWENTY-FIVE YEARS OF TRULY OUTSTANDING SERVICE AS DEAN UPON THE OCCASION OF HIS RETIREMENT FROM THIS POSITION.

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

H. 4109 -- Rep. G. Brown: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING DR. JOHN FRANK BAKER OF SUMTER COUNTY FOR HIS DEDICATED AND EXCELLENT SERVICE AS SUPERINTENDENT OF SUMTER SCHOOL DISTRICT 2.

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

H. 3553 -- Reps. Hodges, Martin and Clyborne: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE ALL MAGISTRATES TO COMPLETE A TRAINING PROGRAM OR PASS CERTIFICATION OR RECERTIFICATION EXAMINATIONS, OR BOTH, PURSUANT TO STANDARDS ESTABLISHED BY THE SOUTH CAROLINA SUPREME COURT, TO PROVIDE THE PERIOD WITHIN WHICH MAGISTRATES MUST COMPLETE THESE REQUIREMENTS, AND TO PROVIDE IF MAGISTRATES DO NOT COMPLY WITH THE PROVISIONS OF THIS SECTION THEIR OFFICE IS DECLARED VACANT AFTER NOTIFICATION BY THE SUPREME COURT.

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

H. 3859 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, 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. 3860 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, 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. 3861 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CORRECTIONS, RELATING TO SHOCK INCARCERATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1529, 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 Corrections and Penology.

H. 3866 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN HAMPTON COUNTY SO AS TO CHANGE THE POLLING PLACE AT THE BRUNSON PRECINCT FROM THE BRUNSON TOWN HALL TO THE OLD BRUNSON FIRE STATION.

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

REPORT OF STANDING COMMITTEE

Senator PEELER, 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 Floor

(a) Senator McGILL's written request that on April 15, 1993, Ms. Tara Richardson, Coach for the Hemingway High School Lady Tigers, be granted the Privilege of the Floor, to that area inside the rail, for the purpose of receiving a Certificate of Appreciation.

The report was adopted without objection.

Privilege of the Chamber

(b) Senator LEVENTIS' written request that on April 21, 1993, representatives of the American Dance Ensemble and former members be granted the Privilege of the Chamber, to that area behind the rail, and that Ms. Dot B. Dicks be granted leave to stand inside the rail for the purpose of receiving special recognition.

The report was adopted without objection.

HOUSE CONCURRENCE

S. 663 -- Senators Bryan, Drummond and Giese: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES F. KANE, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA'S COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS MORE THAN TWENTY-FIVE YEARS OF TRULY OUTSTANDING SERVICE AS DEAN UPON THE OCCASION OF HIS RETIREMENT FROM THIS POSITION.

Returned with concurrence.

Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.

REFERRED

S. 437 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MEMBERS OF STATE BOARDS, COMMISSIONS, OR COMMITTEES AND THE SCHEDULE OF ALLOWABLE DEDUCTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1523, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator DRUMMOND 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 third reading of the Resolution.

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

ADOPTED

S. 600 -- Senator Leventis: A SENATE RESOLUTION TO WELCOME THE AMERICAN DANCE ENSEMBLE TO SOUTH CAROLINA AND TO INVITE THE ENSEMBLE TO BE PRESENTED TO THE SENATE ON APRIL 21, 1993.

The Senate Resolution was adopted.

CARRIED OVER

S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.

On motion of Senator McCONNELL, with unanimous consent, the Bill was carried over.

S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Amendment No. 3

Senators McCONNELL and ROSE proposed the following Amendment No. 3 (235R004.GFM):

Amend the bill, as and if amended, Section 1, page 2, line 15, by adding a new subsection (C) to read as follows:

/ (C) The restrictions on compelled testimony and production of documents or other items contained herein do not apply regarding information pertaining to the commission of a capital crime. /

Amend title to conform.

Senator McCONNELL argued in favor of the adoption of the amendment and Senator STILWELL argued contra.

RECESS

At 12:00 Noon on motion of Senator WILLIAMS, with unanimous consent, the Senate receded from business for the purpose of attending the Joint Assembly, with Senator STILWELL retaining the floor.

On motion of Senator WILLIAMS, with unanimous consent, debate was interrupted by recess, with Senator STILWELL retaining the floor.

JOINT ASSEMBLY

Election to the Public Service Commission

At Twelve O'clock Noon, the Senate appeared in the Hall of the House.

The PRESIDENT of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the Concurrent Resolution:

S. 632 -- Senators Holland, Moore, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, APRIL 14, 1993, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FOURTH CONGRESSIONAL DISTRICT FOR AN UNEXPIRED TERM WHICH WILL EXPIRE IN 1994.

Senator HOLLAND, on behalf of the screening committee, stated that Mr. Robert G. Rowell and Mr. James W. Schempp had been screened and found qualified and placed the names of Mr. Rowell and Mr. Schempp in nomination for the unexpired term on the Public Service Commission from the Fourth Congressional District.

Rep. Haskins withdrew the name of Mr. James W. Schempp from nomination.

Motion Withdrawn

Rep. Carnell spoke on the screening process and moved that the General Assembly reject the names recommended for the Public Service Commission from the Fourth Congressional District as submitted by the Merit Selection Panel.

Senator LEVENTIS moved to table the motion to reject.

Point of Order

Rep. Felder raised a Point of Order that the motion to table was out of order.

Senator LEVENTIS spoke on the Point of Order.

Rep. Beatty was recognized.

Senator LEVENTIS withdrew the motion to table.

On motion of Rep. Carnell, with unanimous consent, the motion to reject was withdrawn.

Rep. Beatty nominated Mr. Robert G. Rowell.

Reps. Lanford, D. Smith, Allison, Wells, Walker, Clyborne, Rudnick, Wilkins, Wilder, Marchbanks, Baker, Trotter, Graham, Littlejohn, Waldrop, Simrill, Stuart, Klauber, Worley, Wright, and Holt and Senators COURSON, McGILL, GIESE, COURTNEY, DRUMMOND, WILLIAMS, J. VERNE SMITH, MITCHELL, REESE, ELLIOTT and RUSSELL seconded the nomination of Mr. Rowell.

The Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called.

The following named Senators voted for Mr. Rowell:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Hayes
Holland Jackson Lander
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell Moore
Passailaigue Patterson Peeler
Rankin Reese Richter
Russell Ryberg Saleeby
Setzler Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson

Total--39

The following named Senators voted to reject the nominees:
Land O'Dell

Total--2

On motion of Rep. Kirsh, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Mr. Rowell:
Alexander, M.O. Alexander, T.C. Allison
Anderson Bailey, G. Bailey, J.
Baker Barber Baxley
Beatty Breeland Brown, G.
Brown, H. Brown, J. Byrd
Canty Chamblee Clyborne
Corning Cromer Elliott
Fair Fulmer Gamble
Gonzales Govan Graham
Harrell Harrelson Harris, J.
Harris, P. Harrison Harwell
Haskins Hines Hodges
Holt Hutson Inabinett
Jennings Keegan Kelley
Keyserling Kinon Kirsh
Klauber Lanford Littlejohn
Marchbanks Mattos McCraw
McMahand McTeer Moody-Lawrence
Neal Phillips Richardson
Riser Robinson Rudnick
Sheheen Shissias Simrill
Smith, D. Smith, R. Snow
Spearman Stille Stoddard
Stone Stuart Sturkie
Thomas Townsend Trotter
Tucker Waites Walker
Wells Wilder, D. Wilder, J.
Wilkes Wilkins Wofford
Worley Wright

Total--86

The following named Representatives voted to reject the nominees:
Carnell Cato Cobb-Hunter
Cooper Delleney Farr
Felder Kennedy McAbee
McElveen McLeod Quinn
Sharpe Vaughn Waldrop
White Williams Witherspoon

Total--18

RECAPITULATION

Total Number of Senators voting 41
Total Number of Representatives voting 104
Grand Total 145
Necessary to a choice 73
Of which Mr. Rowell received 125
Of which 20 voted to reject the nominees.

Whereupon, the PRESIDENT announced that the Honorable Robert G. Rowell was duly elected to the South Carolina Public Service Commission from the Fourth Congressional District for an unexpired term which will expire in 1994.

The purposes of the Joint Assembly having been accomplished, the PRESIDENT declared it duly and regularly adjourned, whereupon the Senate returned to its Chamber and was called to order by the PRESIDENT.

At 12:42 P.M., the Senate resumed.

RECESS

At 12:44 P.M., on motion of Senator WILLIAMS, the Senate receded until 1:30 P.M.

AFTERNOON SESSION

The Senate reassembled at 1:45 P.M. and was called to order by the ACTING PRESIDENT, Senator J. VERNE SMITH.

RECALLED

S. 545 -- Senator Saleeby: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL LIFE INSURANCE AND THE PROVISIONS THAT A LIFE INSURANCE POLICY FOR THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS IS NOT SUBJECT TO CLAIMS OF THE INSURED'S CREDITORS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND TO PROVIDE, AMONG OTHER THINGS, THAT PROCEEDS AND CASH SURRENDER VALUES OF LIFE INSURANCE PAYABLE TO A BENEFICIARY OTHER THAN THE INSURED'S ESTATE IN WHICH SUCH PROCEEDS AND CASH SURRENDER VALUES ARE EXPRESSED TO BE FOR THE PRIMARY BENEFIT OF THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS ARE EXEMPT FROM CREDITORS WHETHER OR NOT THE RIGHT TO CHANGE THE BENEFICIARY IS RESERVED AND WHETHER OR NOT THE POLICY IS PAYABLE TO THE INSURED IF THE BENEFICIARY DIES FIRST EXCEPT UNDER CERTAIN CONDITIONS, AND THAT BENEFITS OF ACCIDENT AND DISABILITY CONTRACTS ARE EXEMPT FROM CLAIMS OF THE CREDITORS OF THE INSURED.

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.

RECALLED AND REFERRED

S. 680 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-157 SO AS TO PROVIDE PROCEDURES AND NOTICE REQUIREMENTS FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FOLLOW WHEN WATER QUALITY WITHIN A SHELLFISH AREA DECLINES AND A RECLASSIFICATION IS CONSIDERED.

Senator MACAULAY asked unanimous consent to make a motion to recall the Bill from the Committee on Medical Affairs.

There was no objection.

Referred

On motion of Senator MACAULAY, with unanimous consent, the Bill was referred to the Committee on Agriculture and Natural Resources.

RECALLED

H. 3400 -- Reps. Harwell, Rudnick, Elliott, Jennings, McKay, Kirsh, Boan, Hodges, J. Harris, Spearman, Gonzales and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-80 SO AS TO PROVIDE FOR THE MANNER IN WHICH CERTAIN ASSIGNMENTS OR COLLATERAL ASSIGNMENTS OF RENTS, ISSUES, OR PROFITS ARE VALID, ENFORCEABLE AND PERFECTED.

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.

RECALLED

H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SALEEBY asked unanimous consent to make a motion to recall the Resolution from the Committee on Banking and Insurance.

There was no objection.

On motion of Senator SALEEBY, with unanimous consent, the Resolution was ordered placed on the Calendar without reference.

RECALLED

H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Senator SALEEBY asked unanimous consent to make a motion to recall the Resolution from the Committee on Banking and Insurance.

There was no objection.

On motion of Senator SALEEBY, with unanimous consent, the Resolution was ordered placed on the Calendar without reference.

READ THE SECOND TIME

NOTICE OF GENERAL AMENDMENTS

Senator McGILL asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

Senator McGILL asked unanimous consent that the committee amendment be carried over to third reading of the Bill.

There was no objection.

On motion of Senator McGILL, the Bill was read the second time with notice of general amendments.

AMENDED, READ THE SECOND TIME

Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator HOLLAND proposed the following amendment (JUD26.006), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:

"Section 38-71-240. (A) As used in this section:

(1) `Cleft lip and palate' means a congenital cleft in the lip or palate, or both.

(2) `Medically necessary care and treatment' shall include, but not be limited to:

(a) oral and facial surgery, surgical management, and follow-up care made necessary because of a cleft lip and palate;

(b) prosthetic treatment such as obdurators, speech appliances, and feeding appliances;

(d) medically necessary prosthodontia treatment and management;

(e) otolaryngology treatment and management;

(f) audiological assessment, treatment, and management, including surgically implanted amplification devices; and

(g) medically necessary physical therapy assessment and treatment.

(B)(1) Any individual or group accident and health policy which provides dependent coverage shall provide coverage for the medically necessary care and treatment of cleft lip and palate and any condition or illness which is related to or developed as a result of a cleft lip and palate. Such a policy may contain the same copayment provisions for the coverage of cleft lip and palate as apply to other conditions or procedures covered by the policy.

(2) Any individual or group dental policy which provides dependent coverage shall provide coverage for teeth capping, prosthodontics, and orthodontics necessary for the care and treatment of cleft lip and palate. Such a policy may contain the same copayment provisions for the coverage of cleft lip and palate as apply to other conditions or procedures covered by the policy.

(C) If a person with a cleft lip and palate is covered by an accident and health policy described in subsection (B)(1) and is also covered by a dental policy described in subsection (B)(2), teeth capping, prosthodontics, and orthodontics shall be covered by the dental policy to the limit of coverage provided and any excess thereafter shall be provided by the individual or group accident and health policy.

(D) The provisions of this section do not apply to a policy which provides disability or income protection coverage, hospital confinement indemnity coverage, accident only coverage, specified disease or specified accident coverage, long-term care coverage, vision only coverage, or coverage issued as a supplement to Medicare."

SECTION 2. This act applies to all policies delivered, issued, renewed, extended, or modified by any insurer six months or thereafter from the effective date of this act.

SECTION 3. This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator HOLLAND explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 26--Ordered to a Third Reading

On motion of Senator HOLLAND, S. 26 was ordered to receive a third reading on Thursday, April 15, 1993.

POINT OF ORDER

S. 540 -- Senators Saleeby, Land, McConnell, Courtney and Rankin: 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 IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

On behalf of the Chairmen's Committee, Senator SALEEBY asked unanimous consent to make a motion that the Bill be made a Special Order.

Point of Order

Senator RYBERG raised a Point of Order that the motion under Rule 34B was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.

The PRESIDENT sustained the Point of Order.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not the two statewide legislative days on Friday, April 9, 1993, and Monday, April 12, 1993, were counted in satisfaction of the rule.

The PRESIDENT stated that the Clerk had indicated the days had been considered.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

The Senate resumed consideration of the Bill. The question being the adoption of Amendment No. 3 (235R004.GFM), previously proposed by Senators McCONNELL and ROSE.

Senator STILWELL argued contra to the adoption of Amendment No. 3.

On motion of Senator STILWELL, with unanimous consent, Amendment No. 3 was carried over.

Amendment No. 5

Senator RICHTER proposed the following Amendment No. 5 (235R011.LER):

Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

/ SECTION 1. Chapter 11, Title 19 of the 1976 Code is amended by adding:

"Section 19-11-100. (A) Subject to the limitations contained herein, any person, company, or other entity regularly engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast shall have the right to claim a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding before a judicial, administrative, or other body that has the power to issue a subpoena.

(B) When a person claims the privilege, the court or other appropriate official shall make or cause to be made whatever inquiry the court or other appropriate official thinks necessary to a determination of the issue. The court or other appropriate official may deny the privilege and may order the person to testify, imposing whatever limits upon the testimony and upon the right of cross-examination of the witness as may be in the public interest or in the interest of a fair trial, if it finds the withholding of the testimony would:

(1) result in a miscarriage of justice or the denial of a fair trial to those who challenge the privilege; or

(2) be contrary to the public interest."

SECTION 2. This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.