1995 Permanent Senate Journal Printed Pages 2720-2729 - 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 2710, May 11 | Printed Page 2730, May 11

Printed Page 2720 . . . . . Thursday, May 11, 1995

H. 4212 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS EUGENE MILES OF ANDERSON COUNTY UPON HIS RECENT DEATH.

The Concurrent Resolution was adopted, ordered returned to the House.

Parliamentary Inquiry

Senator MATTHEWS made a Parliamentary Inquiry as to whether or not a Point of Order was required to be raised on Bills originating in the House and received by the Senate subsequent to the May 1st deadline at the time the Bills are considered for first reading or at the time the Bills are reported from committee.

Senators LEATHERMAN and STILWELL spoke on the Parliamentary Inquiry.

The PRESIDENT stated that under the provisions of Rule 48, a Point of Order could be raised at the time of introduction or at any time prior to a Bill reported from committee being placed on the members' desks in compliance with Rule 40.

Point of Order

Senator MATTHEWS raised a Point of Order that the Bills originating in the House and received by the Senate subsequent to the May 1st deadline are out of order under Rule 48 and would require a two-thirds vote of those members present to waive this restriction.

Printed Page 2721 . . . . . Thursday, May 11, 1995

The PRESIDENT sustained the Point of Order and stated that the titles of any Bill originating in the House and received by the Senate after the May 1st deadline would be published and a roll call vote would be ordered.

Senator MATTHEWS withdrew the Point of Order.

POINT OF ORDER
Introduction Refused

H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.

Printed Page 2722 . . . . . Thursday, May 11, 1995

Senator CORK raised a Point of Order under Rule 48 that consideration of the Bill was out of order as the Bill was not received by the Senate prior to May 1st.

The PRESIDENT sustained the Point of Order and stated that a two-thirds vote would be required to waive the provisions of Rule 48.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 13; Nays 21

AYES

Alexander         Drummond         Holland

Land              Leatherman       Martin

McGill            Peeler           Ryberg

Stilwell          Thomas           Waldrep

Williams

TOTAL--13

NAYS

Bryan             Cork             Courson

Elliott           Ford             Glover

Hayes             Jackson          Lander

Leventis          Mescher          O'Dell

Passailaigue      Rankin           Reese

Richter           Rose             Setzler

Short             Smith, G.        Wilson

TOTAL--21

The Senate refused to consider the Bill.

POINT OF ORDER
Introduction Refused

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

Printed Page 2723 . . . . . Thursday, May 11, 1995

Senator CORK raised a Point of Order under Rule 48 that consideration of the Bill was out of order as the Bill was not received by the Senate prior to May 1st.

The PRESIDENT sustained the Point of Order and stated that a two-thirds vote would be required to waive the provisions of Rule 48.

The "ayes" and "nays" were demanded and taken, resulting as follows:

Ayes 15; Nays 20

AYES

Alexander         Bryan            Hayes

Lander            Leatherman       Martin

Mescher           Peeler           Rose

Ryberg            Setzler          Smith, J.V.

Stilwell          Thomas           Williams

TOTAL--15

NAYS

Cork              Courson          Elliott

Ford              Glover           Jackson

Land              Leventis         Matthews

McGill            O'Dell           Passailaigue

Rankin            Reese            Richter

Short             Smith, G.        Waldrep

Washington        Wilson

TOTAL--20

The Senate refused to consider the Bill.

ACTING PRESIDENT PRESIDES

Senator COURTNEY assumed the Chair.

Parliamentary Inquiry

Senator THOMAS made a Parliamentary Inquiry as to the status of the House Bills which the Senate had refused to consider for introduction.

The ACTING PRESIDENT stated he would inform the PRESIDENT of the Senator's inquiry.

Printed Page 2724 . . . . . Thursday, May 11, 1995

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.

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

H. 4188 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760; AND TO PROVIDE FOR A REVIEW OF THESE THRESHOLD AMOUNTS EVERY THREE YEARS.

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

H. 4198 -- Reps. Koon, Gamble, Knotts, Wright, Stuart and Riser: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING

Printed Page 2725 . . . . . Thursday, May 11, 1995

PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

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

REPORTS OF STANDING COMMITTEES

Senator CORK from the Committee on Judiciary submitted a favorable with amendment report on:

H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.