Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 1680, Apr. 16 | Printed Page 1700, Apr. 16 |
Printed Page 1690 . . . . . Tuesday, April 16, 1996
H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

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

REPORTS OF STANDING COMMITTEES

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 604 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR MINIMUM AUTOMOBILE INSURANCE COVERAGES AT THE SAME STANDARD RATES AS ANY COMPARABLE PASSENGER VAN OWNED OR OPERATED BY ANY

Printed Page 1691 . . . . . Tuesday, April 16, 1996
STATE AGENCY, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 1248 -- Senator Bryan: A BILL TO AMEND SECTION 40-7-190 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF BARBER EXAMINERS, SO AS TO AUTHORIZE THE BOARD TO GRANT VARIANCES FROM A REGULATION PROMULGATED UNDER THIS CHAPTER UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 1305 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR

Printed Page 1692 . . . . . Tuesday, April 16, 1996
INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.

Ordered for consideration tomorrow.

Senator HAYES from the Committee on Medical Affairs submitted a favorable with amendment report on:

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a majority favorable and Senator SALEEBY a minority unfavorable report on:

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR

Printed Page 1693 . . . . . Tuesday, April 16, 1996
AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

Printed Page 1694 . . . . . Tuesday, April 16, 1996
38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Ordered for consideration tomorrow.

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN

Printed Page 1695 . . . . . Tuesday, April 16, 1996
WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

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

AMENDED, READ THE THIRD TIME

RETURNED TO THE HOUSE

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES. (ABBREVIATED TITLE)

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

Amendment No. 1

Senator RYBERG proposed the following Amendment No. 1 (JUD3961.008), which was adopted:

Amend the bill, as and if amended, page 10, beginning on line 38, in Section 2-19-70, as contained in SECTION 1, by striking subsection (E) in its entirety and inserting therein the following:

/(E) Violations of this section may be considered by the screening committee merit selection commission when it considers the candidate's qualifications. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section

Printed Page 1696 . . . . . Tuesday, April 16, 1996
may not be transferred from general sessions court pursuant to Section 22-3-545./

Amend title to conform.

Senator RYBERG explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 2

Senator RYBERG proposed the following Amendment No. 2 (JUD3961.004), which was tabled:

Amend the bill, as and if amended, page 10, beginning on line 1, in Section 2-19-70, as contained in SECTION 1, by striking subsection (A) in its entirety and inserting therein the following:

/(A) Before a member of the General Assembly may submit an application with the commission for his nomination by the commission for election to a judicial office and before the commission may accept or consider the application, the member of the General Assembly shall first resign his office and be out of office for at least two years./

Amend title to conform.

Senator RYBERG explained the amendment.

Senator RYBERG moved that the amendment be adopted.

Senator McCONNELL spoke on the amendment.

Senator HOLLAND argued contra to the adoption of the amendment.

Senator HOLLAND moved to lay the amendment on the table.

The amendment was laid on the table.

Amendment No. 3

Senator RYBERG proposed the following Amendment No. 3 (JUD3961.006), which was adopted:

Amend the bill, as and if amended, page 10, beginning on line 35, in Section 2-19-70, as contained in SECTION 1, by striking subsection (D) in its entirety and inserting therein the following:

/(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office./

Amend title to conform.

Printed Page 1697 . . . . . Tuesday, April 16, 1996
Senator RYBERG explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 5

Senator ROSE proposed the following Amendment No. 5 (3961R003.MTR), which was adopted:

Amend the bill, as and if amended, page 16, by adding after line 39, a new SECTION 4 and Part IV to read:

/PART IV

SECTION 4. The first paragraph of Section 22-1-10(A) of the 1976 Code is amended to read:

"(A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified; provided, however, that the initial term of office of a magistrate who has not previously served as a magistrate shall be two years and the second term of an individual so appointed shall be two years. The provisions of this paragraph must be read in conjunction with the following paragraph and nothing in this provision shall be construed to alter the staggering scheme provided in the next paragraph.

Amend further, Section 5, page 18, by adding subsection (D) to read as follows:

/(D) Part IV takes effect upon approval of this act by the Governor./

Renumber parts and sections to conform.

Amend title to conform.

Senator ROSE explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

ACTING PRESIDENT PRESIDES

At 12:55 P.M., Senator PEELER assumed the Chair.

Amendment No. 4

Senator DRUMMOND proposed the following Amendment No. 4 (3961R001.JWD), which was adopted:

Amend the bill, as and if amended, page 12, line 11, by striking Section 2-19-90 in its entirety and inserting in lieu thereof the following:

Printed Page 1698 . . . . . Tuesday, April 16, 1996
/Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches will be allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the Senators voting and a majority of the Representatives voting in joint session./.

Renumber sections to conform.

Amend title to conform.

Senator BRYAN explained the amendment.

Senator HOLLAND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 6

Senator RYBERG proposed the following Amendment No. 6 (JUD3961.009), which was tabled:

Amend the bill, as and if amended, page 3, beginning on line 29, in Section 2-19-10(B), as contained in SECTION 1, by striking Section 2-19-10(B) in its entirety and inserting therein the following:

/(B) Notwithstanding any other provision of law, the Judicial Merit Selection Commission shall consist of the following individuals:

(1) four members appointed by the Chairman of the House Judiciary Committee and of these appointments:

(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and

(b) one member must be selected from the general public;

(2) four members appointed by the Chairman of the Senate Judiciary Committee and of these appointments:

(a) three must be serving members of the General Assembly at least one of whom is a non-lawyer; and

(b) one member must be selected from the general public;

(3) two public members appointed by the Speaker of the House of Representatives and of these appointments:

(a) at least one public member appointed by the Speaker of the House of Representatives must be a non-lawyer; and

Printed Page 1699 . . . . . Tuesday, April 16, 1996
(b) each non-lawyer, public member may not be related by blood or marriage within the third degree to an attorney licensed to practice law in South Carolina;

(4) two public members appointed by the President of the Senate and of these appointments:

(a) at least one public member appointed by the President of the Senate must be a non-lawyer; and

(b) each non-lawyer, public member may not be related by blood or marriage within the third degree to an attorney licensed to practice law in South Carolina;

(5) one public member appointed by the Speaker of the House of Representatives and by the President Pro Tempore of the Senate in joint consultation and of this appointment:

(a) the public member appointed by the Speaker of the House and the President Pro Tempore must be a non-lawyer; and

(b) the non-lawyer, public member may not be related by blood or marriage within the third degree to an attorney licensed to practice law in South Carolina./.

Amend title to conform.

Senator RYBERG explained the amendment.

Senators WASHINGTON and McCONNELL argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 1:08 P.M., the PRESIDENT assumed the Chair.

Senator McCONNELL continued arguing contra to the adoption of the amendment.

Senator McCONNELL moved to lay the amendment on the table.

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

Ayes 26; Nays 16

AYES
Alexander           Bryan               Courson
Courtney            Ford                Giese
Glover              Holland             Jackson
Land                Lander              Leventis
Matthews            McConnell           McGill
Moore               O'Dell              Passailaigue
Printed Page 1700 . . . . . Tuesday, April 16, 1996
Patterson           Reese               Russell
Saleeby             Setzler             Short
Smith, J.V.         Washington
TOTAL--26

| Printed Page 1680, Apr. 16 | Printed Page 1700, Apr. 16 |
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