THURSDAY, MAY 21, 1998
Thursday, May 21, 1998
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord God, Who has called us into ventures whose ending we cannot see and into paths as yet untrodden, give us faith to go into this day with courage possessed with the full knowledge that Your hand is leading us and Your strength supporting us. Give us the wisdom to save us from false choices, that in Your light we may see light and that in Your paths we stumble not. Spare us from faithless fears and worldly anxieties. May no cloud hide from us Your beckoning hand.
Thank You, Lord, for this privilege of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. RODGERS moved that when the House adjourns, it adjourn in memory of Colonel Donald Conroy (USMC-Retired), which was agreed to.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., May 19, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 45:
S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
MESSAGE FROM THE SENATE
The following was received.
Columbia, S.C., May 20, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1219:
S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
REPORTS OF STANDING COMMITTEES
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1206 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 3, 1998, AND FRIDAY, DECEMBER 4, 1998, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4952 -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.
Ordered for consideration tomorrow.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 1240 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE COLUMBIA STAR NEWSPAPER AS AN EXEMPLARY FAMILY BUSINESS AND ITS OWNERS, DR. WARNER M. MONTGOMERY AND MIMI M. MADDOCK, AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS IN THE AREA OF COMMUNITY JOURNALISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
CONCURRENT RESOLUTION
The following was introduced:
H. 5168 -- Rep. D. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE WORK AND ACCOMPLISHMENTS OF WILLIAM D. BILTON, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, AND CONGRATULATING HIM ON THE SUCCESSFUL COMPLETION OF HIS TERM AS PRESIDENT OF THE NATIONAL ASSOCIATION OF PROSECUTOR COORDINATORS AND FOR HIS SERVICE ON THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF DISTRICT ATTORNEYS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
HOUSE RESOLUTION
The following was introduced:
H. 5169 -- Reps. Harrison, Wilkins and Sheheen: A HOUSE RESOLUTION TO COMMEND SUSAN OLSON “SUE” McNAMEE, STAFF COUNSEL, FOR HER TWELVE YEARS OF DEDICATED SERVICE TO THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES IN HER NEW POSITION AS STAFF ATTORNEY WITH THE SOUTH CAROLINA LEGISLATIVE COUNCIL.
Whereas, Susan Olson “Sue” McNamee joined the staff of the Judiciary Committee of the House of Representatives in 1986 as assistant staff counsel and in 1988 became staff counsel to the committee; and
Whereas, she has worked under two Speakers and four Judiciary Committee chairmen in an able, efficient, and effective manner worthy of note; and
Whereas, Sue is a true team player, fair-minded and evenhanded, with a strong work ethic and a warmth, compassion, and kind word for all. Her calm, cool, and collected nature is ever present, very effective, and greatly appreciated; and
Whereas, in her twelve years of service to the Judiciary Committee she has welcomed new challenges and worked diligently on significant issues including judicial reform, House reapportionment, welfare reform, and state government restructuring; and
Whereas, Sue is a highly principled, conscientious person whose ability, intelligence, and dedication have served the Judiciary Committee and this body well; and
Whereas, the members of the House of Representatives would like to take this opportunity to express their deepest gratitude and appreciation to Sue for a job well done, and though she will be missed as a House staffer, we are pleased that the General Assembly will continue to benefit from her expertise and talents in her new position with the Legislative Council. Now, therefore,
Be it resolved by the House of Representatives:
That the members commend Susan Olson “Sue” McNamee, staff counsel, for her twelve years of dedicated service to the Judiciary Committee of the House of Representatives and extend best wishes in her new position as staff attorney with the South Carolina Legislative Council.
Be it further resolved that a copy of this resolution be presented to Susan Olson “Sue” McNamee.
The Resolution was adopted.
INTRODUCTION OF BILLS
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 1233 -- Senator Hutto: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES’ COURTS, SO AS TO COMBINE AREA NO. 4 AND AREA NO. 8 IN ORANGEBURG COUNTY.
Referred to Orangeburg Delegation.
S. 1238 -- Senator Moore: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
ROLL CALL
The roll call of the House of Representatives was taken resulting as follows.
AllisonBaileyBarfield
BarrettBattleBauer
BeckBoanBowers
BreelandBrown, G.Brown, H.
Brown, J.Brown, T.Byrd
CarnellCatoCave
ChellisCobb-HunterCooper
DantzlerDelleneyEasterday
EdgeEmoryFleming
GambleGourdineGovan
HamiltonHarrellHarris
HarrisonHarvinHaskins
HawkinsHines, J.Hines, M.
HinsonInabinettKeegan
KelleyKennedyKinon
KirshKlauberKnotts
KoonLawLeach
LeeLimehouseLittlejohn
LloydLoftisMack
MaddoxMartinMason
McAbeeMcCrawMcGee
McLeodMcMahandMcMaster
MeachamMillerMoody-Lawrence
MullenNealPinckney
RhoadRiceRiser
RodgersSandiferScott
SharpeSheheenSmith, D.
Smith, F.Smith, R.Spearman
StilleStoddardStuart
TrippTrotterVaughn
WalkerWebbWhatley
WhipperWilderWilkins
WitherspoonWoodrumYoung
Young-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, May 21.
Woodrow M. McKayJ. Gary Simrill
William ClyburnGeorge Campsen III
James L.M. Cromer, Jr.Alfred B. Robinson, Jr.
G. Ralph Davenport, Jr.Bill Cotty
Ronald P. TownsendBradley L. Jordan
James Emerson Smith, Jr.Denny W. Neilson
Harry R. AskinsDouglas Jennings, Jr.
John G. FelderTimothy C. Wilkes
Steve P. LanfordLeon Howard
Ralph W. CantyLynn Seithel
Total Present--120
LEAVES OF ABSENCE
The SPEAKER granted Rep. ALTMAN a leave of absence for the day.
The SPEAKER granted Rep. BAXLEY a leave of absence for the day.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.
The SPEAKER granted Rep. QUINN a leave of absence for the day.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
SPECIAL PRESENTATION
Rep. PINCKNEY presented to the House the Estill High School Girls Basketball Team, 1998 Class A State Champions, their coaches and other school officials.
H. 5003--CO-SPONSOR ADDED
In accordance with House Rule 5.2 below:
“5.2Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member’s or co-sponsor’s written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee.”
Bill Number:H. 5003
DATEADD:
5/21/98Theodore A. Brown
ORDERED TO THIRD READING
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5165 -- Rep. Rhoad: A JOINT RESOLUTION TO REQUIRE A REFERENDUM TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION OF 1998, AT WHICH TIME THE QUALIFIED ELECTORS OF BAMBERG COUNTY SHALL DETERMINE WHETHER OR NOT THE BAMBERG COUNTY HOSPITAL REMAINS OPEN AND TO PROVIDE THAT IF A MAJORITY OF THE ELECTORS VOTING IN THE REFERENDUM VOTE “YES”, THE HOSPITAL MAY NOT BE CLOSED FOR THREE YEARS.
H. 5165--ORDERED TO BE READ THIRD TIME TOMORROW
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 5165 be read the third time tomorrow.
RETURNED TO THE SENATE WITH AMENDMENTS
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
S. 442--POINT OF ORDER
The following Bill was taken up.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
POINT OF ORDER
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
S. 718--POINT OF ORDER
The following Bill was taken up.
S. 718 -- Senator O’Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR’S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
POINT OF ORDER
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
S. 1170--POINT OF ORDER
The following Bill was taken up.
S. 1170 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
POINT OF ORDER
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
S. 1212--POINT OF ORDER
The following Bill was taken up.
S. 1212 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY
AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER’S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
POINT OF ORDER
Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
S. 1215--POINT OF ORDER
The following Bill was taken up.
S. 1215 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
POINT OF ORDER
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.