TUESDAY, JANUARY 18, 2000
Tuesday, January 18, 2000
(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 PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, from an ancient record, the Book of Judges, Chapter 5, hear how the Almighty God deals with mankind:
“Then Deborah and Barak sang this song about the wonderful
victory:
‘Praise the Lord! Israel’s leaders bravely led;
The people gladly followed! Yes, bless the Lord!
Listen, O you kings and princes,
For I shall sing about the Lord.
The God of Israel, when You led us out from Seir,
out across the fields of Edom...
The earth trembled and the sky poured down its rain.
Yes, even Mount Sinai quaked at the presence of the God of
Israel!... When Israel chose new gods, everything collapsed’.”
Let us pray.
O God of Heaven and earth, we thank You that even in a modern democracy, righteousness is not determined by a majority vote... unless it pleases the God of Heaven!
Amen.
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. 2438
Agency: Public Service Commission
SUBJECT: Appearance Bond
Received by Lieutenant Governor January 14, 2000
Referred to Judiciary Committee
Legislative Review Expiration May 13, 2000
Document No. 2459
Agency: Department of Transportation
SUBJECT: Specific Information Service Signing
Received by Lieutenant Governor January 12, 2000
Referred to Transportation Committee
Legislative Review Expiration May 11, 2000
Document No. 2472
Agency: Department of Transportation
SUBJECT: Relocation of Displaced Persons
Received by Lieutenant Governor January 12, 2000
Referred to Transportation Committee
Legislative Review Expiration May 11, 2000
Document No. 2473
Agency: Department of Transportation
SUBJECT: Contractor Prequalification, Disqualification and Suspension
Received by Lieutenant Governor January 12, 2000
Referred to Transportation Committee
Legislative Review Expiration May 11, 2000
Document No. 2475
Agency: South Carolina State Library
SUBJECT: Use of State Aid Funds
Received by Lieutenant Governor January 13, 2000
Referred to the Education Committee
Legislative Review Expiration May 12, 2000
Document No. 2488
Agency: Department of Labor, Licensing and Regulation
Contractors Licensing Board
40-11-410 and 40-1-70
SUBJECT: Examination Requirements; Classifications; Mechanical Contractors Licensure Requirements; Owner-Prepared Financial Statement; General Contractors-Highway Classification
Received by Lieutenant Governor January 12, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2000
Document No. 2489
Agency: Department of Labor, Licensing and Regulation
Board of Funeral Service
SUBJECT: Licensing Provisions for Embalmers, Fees, Code of Ethics
Received by Lieutenant Governor January 12, 2000
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2000
Doctor of the Day
Senator LEATHERMAN introduced Dr. James N. Mock of Columbia, S.C., Doctor of the Day.
RECALLED AND ADOPTED
S.1033 -- Senator Drummond: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H.HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M.ON WEDNESDAY, JANUARY 19, 2000, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.
There was no objection.
Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted and ordered sent to the House.
INTRODUCTION OF BILLS AND RESOLUTIONS
The following were introduced:
S.1038 -- Senators Thomas and Wilson: A SENATE RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA SENATE TO THE FAMILY AND FRIENDS OF THOMAS ANDERSON ROE, JR. OF GREENVILLE WHO PASSED AWAY ON SUNDAY, JANUARY 9, 2000, AND TO RECOGNIZE HIS DISTINGUISHED
STATESMANSHIP AND SERVICE TO THE STATE AND NATION.
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The Senate Resolution was adopted.
S.1039 -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO ENACT THE “SERVICE CONTRACTS MODEL ACT” INCLUDING PROVISIONS TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE BY ADDING CHAPTER 78, SO AS TO REGULATE THE SALE OF SERVICE CONTRACTS FOR THE REPAIR, REPLACEMENT, OR MAINTENANCE OF PROPERTY NORMALLY USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, EXCLUDING, AMONG OTHER THINGS, WARRANTIES AND MAINTENANCE AGREEMENTS; TO REQUIRE ADMINISTRATORS OF SERVICE CONTRACTS TO REGISTER WITH THE DEPARTMENT OF INSURANCE; TO REQUIRE THOSE PROVIDING SERVICE UNDER A CONTRACT TO DEMONSTRATE FINANCIAL RESPONSIBILITY; TO PROVIDE FOR THE REQUIREMENTS OF A REIMBURSEMENT POLICY WHEN SUCH A POLICY INSURES A SERVICE CONTRACT; TO SPECIFY THE FORM AND CONTENT OF SERVICE CONTRACTS; TO REQUIRE SERVICE CONTRACT ADMINISTRATORS TO MAINTAIN ACCURATE ACCOUNTS AND RECORDS; TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO CONDUCT INVESTIGATIONS AND HEARINGS IN ENFORCING THE PROVISIONS OF THIS CHAPTER; AND TO PROVIDE CIVIL PENALTIES.
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Read the first time and referred to the Committee on Banking and Insurance.
S.1040 -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 90, SO AS TO PROVIDE FOR THE REGULATION AND OPERATION OF CAPTIVE INSURANCE COMPANIES, INCLUDING AMONG OTHER THINGS THE SCOPE OF BUSINESS THAT MAY BE CONDUCTED; REQUIREMENTS FOR INCORPORATION, LICENSURE, FINANCIAL RESPONSIBILITY, AND ANNUAL REPORTS; PROVIDING FOR PERIODIC INSPECTIONS AND EXAMINATIONS OF THE COMPANY’S AFFAIRS; ESTABLISHING GROUNDS FOR LICENSE SUSPENSION AND REVOCATION, SETTING FORTH INVESTMENT REQUIREMENTS; ESTABLISHING PREMIUM TAXES; AND PROVIDING THE PROCEDURES FOR CONVERSIONS AND MERGERS OF CERTAIN CAPTIVE INSURANCE COMPANIES WITH RECIPROCAL INSURERS.
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Read the first time and referred to the Committee on Banking and Insurance.
S.1041 -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 111760 AND 3871280 SO AS TO REQUIRE THE STATE HEALTH INSURANCE PLAN AND GROUP HEALTH INSURANCE TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND ALCOHOL OR SUBSTANCE ABUSE; TO PROHIBIT ANY TERM OR CONDITION OF THE COVERAGE FROM PLACING ANY GREATER BURDEN ON ACCESS TO TREATMENT FOR A MENTAL HEALTH CONDITION OR FOR ALCOHOL OR SUBSTANCE ABUSE THAN ON ACCESS TO TREATMENT FOR A PHYSICAL HEALTH CONDITION; TO AUTHORIZE MANAGEMENT OF CARE FOR TREATMENT OF MENTAL HEALTH CONDITIONS AND FOR ALCOHOL OR SUBSTANCE ABUSE; AND TO REQUIRE THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO REPORT TO THE GENERAL ASSEMBLY ON THE IMPACT OF THIS COVERAGE ON HEALTH INSURANCE COSTS UNDER THE STATE HEALTH INSURANCE PLAN DURING A THREEYEAR PERIOD; TO PROVIDE THAT, IF THERE IS A GREATER THAN ONE PERCENT INCREASE IN HEALTH INSURANCE COSTS UNDER THE STATE HEALTH PLAN AT THE END OF THE THREEYEAR PERIOD OR A 3.4 PERCENT INCREASE AT ANY TIME DURING THAT PERIOD AS A RESULT OF PROVIDING THE COVERAGE REQUIRED BY THIS ACT, THE STATE HEALTH PLAN MAY OPT OUT AND THE REQUIREMENTS APPLICABLE TO GROUP HEALTH INSURANCE PLANS UNDER THIS ACT DO NOT TAKE EFFECT; AND TO PROVIDE THAT, IF THE ACT TAKES EFFECT FOR GROUP HEALTH INSURANCE PLANS, A PLAN MAY OPT OUT IF AT ANY TIME THEREAFTER THE PLAN’S INSURANCE COSTS INCREASE BY MORE THAN THREE PERCENT AS A RESULT OF PROVIDING THIS COVERAGE.
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Read the first time and referred to the Committee on Finance.
S.1042 -- Senator Saleeby: A BILL TO AMEND SECTION 111720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS SO AS TO ADD THE EMPLOYEES AND RETIREES OF CITY, COUNTY, REGIONAL, AND CONSOLIDATED HOUSING AUTHORITIES.
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Read the first time and referred to the Committee on Finance.
S.1043 -- Senator Leventis: A BILL TO AMEND SECTION 616120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO AUTHORIZE A CHURCH TO WAIVE THE DISTANCE REQUIREMENT.
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Read the first time and referred to the Committee on Judiciary.
S.1044 -- Senators Land, Drummond, Moore, Leventis, Leatherman, Martin, Peeler, Setzler, Alexander, Elliott, Washington, Waldrep, Matthews, Mescher, Russell, O’Dell, Reese, Bauer, Rankin, Saleeby, Bryan, Hayes, Passailaigue, Courtney, McGill, Fair, Wilson, Giese and Ravenel: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING SECTION 561545 SO AS TO PROHIBIT OWNERSHIP, OPERATION, OR CONTROL OF COMPETING DEALERSHIPS BY A MANUFACTURER OR FRANCHISOR EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBIT UNFAIR COMPETITION BY A MANUFACTURER OR FRANCHISOR AGAINST A FRANCHISEE, DEFINE PREFERENTIAL TREATMENT GIVING RISE TO A PRESUMPTION OF UNFAIR COMPETITION, AND EXEMPT SALES BY MANUFACTURERS OR FRANCHISORS TO THEIR EMPLOYEES AND TO THE FEDERAL GOVERNMENT; BY ADDING SECTION 561546 SO AS TO REQUIRE WRITTEN NOTICE TO A CURRENT DEALERSHIP OF THE INTENTION OF A FRANCHISOR TO RELOCATE AN EXISTING DEALERSHIP OR TO ESTABLISH A NEW DEALERSHIP IN THE SAME MARKET AREA, PROVIDE GROUNDS FOR INJUNCTION OF THAT ESTABLISHMENT OR RELOCATION, AND PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 561560, RELATING TO DEALERS’ CLAIMS FOR COMPENSATION, SO AS TO LIMIT THE AUDIT PERIOD FOR INCENTIVE COMPENSATION PROGRAMS AND PROHIBIT THE DENIAL, DELAY, OR RESTRICTION OF A CLAIM PAYMENT UNLESS THE CLAIM IS MATERIALLY DEFECTIVE; AND BY ADDING SECTION 5615140 SO AS TO GRANT JURISDICTION FOR ACTIONS FILED PURSUANT TO THIS ACT TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE PLAINTIFF DEALERSHIP HAS ITS PRINCIPAL PLACE OF BUSINESS AND ESTABLISH RESIDENCE OF THE DEFENDANT ENTITIES IN THAT COUNTY FOR VENUE PURPOSES, NOTWITHSTANDING AN AGREEMENT TO THE CONTRARY.
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Read the first time and referred to the Committee on Transportation.
H.4433 -- Reps. Wilkins, Haskins, Harrison, Harrell, Cato, Sharpe, Townsend, J.Brown and D.Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 2000, IN THE CHAMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES.
Senator COURSON asked unanimous consent to take the Concurrent Resolution up for immediate consideration.
There was no objection.
On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted and ordered returned to the House.
REPORT OF STANDING COMMITTEE
Senator LAND from the Committee on Transportation polled out H.3335 favorable:
H.3335 -- Reps. Beck, Wilder, W.McLeod, J.Brown, R.Smith and Mason: A BILL TO AMEND SECTION 56180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS’ LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO PROVIDE FOR DISCLOSURE OF A PERMANENT MEDICAL CONDITION AND ORGAN AND TISSUE DONOR STATUS, BOTH OF WHICH MUST BE INDICATED BY SYMBOLS ON THE LICENSE AND CONTAINED IN THE DRIVER’S RECORD; TO FURTHER PROVIDE THAT THIS INFORMATION MUST BE MADE AVAILABLE UPON REQUEST TO LAW ENFORCEMENT AND EMERGENCY MEDICAL SERVICES AND HOSPITAL PERSONNEL AND THAT DONOR STATUS INFORMATION MUST BE MADE AVAILABLE TO THE SOUTH CAROLINA DONOR REFERRAL NETWORK.
Poll of the Transportation Committee
Ayes 13; Nays 0; Not Voting 4
AYES
Land Leatherman Leventis
Wilson McGill O’Dell
Elliott Ryberg Alexander
Hutto Anderson Passailaigue
Branton
TOTAL--13
NAYS
TOTAL--0
NOT VOTING
Patterson Rankin Short
Ravenel
TOTAL--4
Ordered for consideration tomorrow.
Message from the House
Columbia, S.C., January 13, 2000
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has appointed Rep. Gilham in place of Rep. Ott effective June 22, 1999, of the Committee of Conference on the part of the House on:
H.3617 -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M.McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE “SOUTH CAROLINA MARINE RESOURCES ACT OF 1999”, AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 441152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 501295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 5013650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 5021175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 5013990 AS SECTION 5021180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 505130, 5013190, 5013320, 5013530, 5013700, 5013735, 5013770, 5013795, 5013800, 5013805, 5013815, 5019320, AND 5019330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
Very respectfully,