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 God, our Creator and Sustainer, we thank You for the gift of life. Be graciously near as we go to the tasks which lie before us. We thank You for work to do, and for health and strength to do it. Help us to think clearly and to act wisely. Spare us from impatience, from quick temper, from focusing on faults, and from tongues tuned to criticism. Keep us steadfast in things that matter, and deliver us from mistaking our will from Your will. Keep us as leaders who speak with purpose, practice charity and guard the best interest of Your people.

We pray in the Name of Jesus Whose teachings inspire our best. 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.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3817 -- Reps. Foxworth, Aydlette, Winstead, Whipper, D. Martin, Washington, Mappus, Kohn and J. Bradley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO DELETE THE PROVISION PROVIDING FOR THE NOMINATION OF CONSTITUENT TRUSTEES BY PETITION.

H. 4011 -- Rep. J.W. McLeod: A BILL TO AMEND SECTION 38-39-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY A PREMIUM SERVICE COMPANY, SO AS TO INCREASE THE AMOUNT OF SURPLUS OVER THE AMOUNT DUE TO AN INSURED IN A RETURN OF PREMIUM WHICH IS NOT REQUIRED TO BE RETURNED FROM ONE DOLLAR TO FIVE DOLLARS.

H. 4029 -- Rep. J.W. McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-630 SO AS TO PROVIDE THAT AN AUTOMOBILE LIABILITY INSURANCE POLICY MAY NOT BE CEDED TO THE SOUTH CAROLINA REINSURANCE FACILITY UNLESS IT IS ACCOMPANIED BY A RENEWAL NOTICE OR A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM.

H. 4004 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-755, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF FAMILY COURT HEARINGS INVOLVING CHILDREN, SO AS TO PROVIDE FOR THE HEARINGS TO BE CONDUCTED IN A FORMAL INSTEAD OF INFORMAL MANNER AND DELETE THE PROVISION REQUIRING A TRANSCRIPT OF THE HEARINGS IF THE COURT ORDERS IT.

H. 4009 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 14-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK OF THE COURT OF COMMON PLEAS SERVING AS CLERK OF ALL COURTS OF RECORD, SO AS TO INCLUDE THE FAMILY COURT.

H. 4007 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS; ON ATTORNEY FEES; AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM.

H. 3985 -- Reps. Dangerfield, Whipper, Aydlette, Washington, Mappus, J. Bradley, Holt, Foxworth, Winstead, D. Martin and Kohn: A BILL TO AMEND SECTION 6-25-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANAGEMENT AND CONTROL OF A JOINT MUNICIPAL WATER SYSTEM, SO AS TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL COMMISSIONERS BY THE GOVERNING BODY OF A MEMBER OF THE SYSTEM.

H. 4096 -- Reps. Beasley and Baxley: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DARLINGTON POST NO. 13 OF THE AMERICAN LEGION.

H. 4098 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO COMMON CARRIERS AND MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4100 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSES, FEES, AND ADVERTISING, DESIGNATED AS REGULATION DOCUMENT NUMBER 915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 40-47-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION REQUIREMENTS OF A RESPIRATORY CARE PRACTITIONER AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-47-625 SO AS TO ALLOW THE ISSUANCE OF A TEMPORARY CERTIFICATE TO A RESPIRATORY CARE PRACTITIONER.

H. 3952 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALLOCATION OF INCOME BEFORE APPORTIONMENT OF THE REMAINING NET INCOME, SO AS TO DEFINE THE REAL PROPERTY IN THE ALLOCATION OF THE GAINS AND LOSSES FROM ITS SALE AS PROPERTY NOT CONNECTED WITH THE TAXPAYER'S BUSINESS.

H. 3954 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-31-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO CHANGE THE DATE THE REPORTS TO THE COMMISSION ARE TO BE FILED.

H. 3955 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.

H. 3957 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA TAX COMMISSION, SO AS TO INCLUDE THE ASSESSMENT OF AIRLINES AND TO PROVIDE THAT LEASED PROPERTY MUST BE ASSESSED IN THE NAME OF THE LEASEE IF THE UNIT VALUATION METHOD IS USED OR IF THE TAXPAYER IS AN AIRLINE OR PRIVATE CAR LINE WHEN THE LEASEE IS IN CONTROL OF THE PROPERTY AND REQUIRED TO PAY THE TAX.

H. 3968 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-125 SO AS TO PROVIDE THAT WHEN A VENDOR SELLS ITEMS TO A PURCHASER, THE COST OF WHICH OR PART OF THE COST OF WHICH WILL BE PAID BY MEDICARE OR MEDICAID, THE VENDOR SHALL PAY SALES TAX ONLY ON THE NET AMOUNT REIMBURSED BY MEDICARE OR MEDICAID IF THE VENDOR BY LAW IS PROHIBITED FROM CHARGING THE PURCHASER THE DIFFERENCE BETWEEN THE RETAIL SALES PRICE AND THE AMOUNT REIMBURSED.

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4169 -- Rep. Felder: A BILL TO TRANSFER AUTHORITY TO LIMIT AND LEVY SCHOOL TAXES IN CALHOUN COUNTY FROM THE LEGISLATIVE DELEGATION AND GENERAL ASSEMBLY TO THE GOVERNING BODY OF THE COUNTY BEGINNING WITH SCHOOL YEAR 1988-89.

H. 4184 -- Rep. K. Bailey: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT NO. 2 TO ISSUE NOT MORE THAN ONE MILLION, SIX HUNDRED THOUSAND DOLLARS OF GENERAL OBLIGATION BONDS OF THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THEIR PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 1288 -- Senator Doar: A BILL TO AMEND SECTIONS 54-15-10 AND 54-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO DELETE THE REQUIREMENT THAT THEY BE APPOINTED IN FEBRUARY OF ODD-NUMBERED YEARS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN.

S. 958 -- Senators Saleeby, McConnell and Pope: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.

S. 1196 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE.

The following Bill was taken up.

H. 3861 -- Rep. Lewis: A BILL TO AMEND SECTION 33-55-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY OF DAMAGES AGAINST CHARITABLE ORGANIZATIONS AND TO THE LIABILITY OF A HEALTH CARE PROVIDER FOR SERVICES RENDERED VOLUNTARILY AND WITHOUT COMPENSATION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT AN ACTION AGAINST ANY CHARITABLE ORGANIZATION UNDER SECTIONS 33-55-210 THROUGH 33-55-230 CONSTITUTES A COMPLETE BAR TO ANY RECOVERY BY THE CLAIMANT, BY REASON OF THE SAME SUBJECT MATTER, AGAINST THE EMPLOYEE OF THE CHARITABLE ORGANIZATION WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE THAT NO JUDGMENT AGAINST AN EMPLOYEE OF A CHARITABLE ORGANIZATION MAY BE RETURNED UNLESS A SPECIFIC FINDING IS MADE THAT THE EMPLOYEE ACTED IN A RECKLESS, WILFUL, OR GROSSLY NEGLIGENT MANNER; AND TO REPEAL SECTION 33-55-220, RELATING TO THE PROVISION THAT THE BAR TO ANY ACTION AGAINST THE EMPLOYEE OF A CHARITABLE ORGANIZATION DOES NOT APPLY WHERE THE EMPLOYEE IS ADJUDGED TO HAVE ACTED RECKLESSLY, WANTONLY, OR WITH GROSS NEGLIGENCE.

Reps. LEWIS and WILKINS, with unanimous consent, proposed the following Amendment No. 2 (Doc. No. 3150J), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 33-55-210 of the 1976 Code, as last amended by an act of 1988 bearing ratification number R. 429, is further amended to read:

"Section 33-55-210. (A) Any person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may only recover in any action brought against the charitable organization for the actual damages he may sustain in an amount not exceeding two hundred thousand dollars. The judgment in an action An action against the charitable organization under Sections 33-55-210 through 33-55-230 constitutes a complete bar to any action recovery by the claimant, by reason of the same subject matter, against the employee of the charitable organization whose act or omission gave rise to the claim. unless it is alleged and proved in the action that the employee acted in a reckless, wilful, or grossly negligent manner, and, in such case, the employee must be properly joined as a party defendant. No judgment against an employee of a charitable organization may be returned unless a specific finding is made that the employee acted in a reckless, wilful, or grossly negligent manner. If the charitable organization for which the employee was acting cannot be determined at the time the action is instituted, the plaintiff may name as a party defendant the employee, and the entity for which the employee was acting must be added or substituted as party defendant when it can be so reasonably determined. The plaintiff, when bringing an action under the provisions of Sections 33-55-210 through 33-55-230, may name as a party defendant only the charitable organization for which the employee individually unless the charitable organization for which the employee was acting cannot be determined at the time the action is instituted. If the employee is individually named under the conditions permitted above, the entity for which the employee was acting must be substituted as the party defendant when it can be so reasonably determined.

(B) No licensed health care provider, as defined in Section 38-79-410, who renders medical services voluntarily and without compensation, or the expectation, or promise of it, to any person at any hospital, clinic, public school, nonprofit organization, or any agency of the State or one of its political subdivisions where no charges are made by the licensed health care provider for any medical services rendered at the facility compensation is liable for any civil damage or for any act or omission resulting from the rendering of the services unless the act or omission was the result of the licensed health care provider's gross negligence or wilful misconduct. The agreement to provide voluntary noncompensated service must be made before the rendering of the service by the licensed health care provider."/

Amend title to conform.

The Bill, as amended, was read the third time and ordered sent to the Senate.

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for Ratification.

S. 1223 -- Senator Fielding: A BILL TO AMEND SECTION 5-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE NUMBER OR METHOD OF ELECTION OF MEMBERS TO THE GOVERNING BODY OF A MUNICIPALITY, SO AS TO REQUIRE A PETITION BE CERTIFIED AS VALID OR REJECTED BY THE MUNICIPAL ELECTION COMMISSION WITHIN SIXTY DAYS AFTER IT HAS BEEN DELIVERED TO THE COMMISSION.

S. 1001 -- Senators Drummond, Dennis, Pope, Courson, Leatherman, Giese, Branton, Long, Thomas, Applegate, Thomas E. Smith, Jr., Shealy, Martschink, J. Verne Smith, McConnell, Wilson, Stilwell, Leventis, Macaulay, Lee, Peeler, Powell, Hinson, Horace C. Smith, Hayes, Setzler, Patterson, Fielding, McLeod, Doar, McGill, Waddell, Russell and Matthews: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 1 SO AS TO PROVIDE FOR THE COMPLIANCE REVIEW ACT OF 1988 BY CREATING A FORMAL STRUCTURED PROCESS TO BE CONDUCTED BY THE REORGANIZATION COMMISSION TO DETERMINE THE DEGREE OF AGENCY COMPLIANCE WITH THE FINDINGS AND RECOMMENDATIONS CONTAINED IN LEGISLATIVE AUDIT COUNCIL REPORTS AND TO PROVIDE FOR THE CHAPTER TO APPLY TO ANY AUDIT OR REPORT RELEASED TO THE PUBLIC AFTER DECEMBER 31, 1988.

S. 1183 -- Senator Waddell: A BILL TO AMEND SECTIONS 12-16-20, 12-16-290, 12-16-510, 12-16-730, 2-16-910, 12-16-1110, 12-16-1130, 12-16-1160, 2-16-1200, 12-16-1210, 12-16-1350, 12-16-1510, 12-16-1520, AND ARTICLES 17 AND 19, CHAPTER 16 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO CONFORM ITS PROVISIONS TO THE INTERNAL REVENUE CODE OF 1986, AS AMENDED THROUGH DECEMBER 31, 1987, AND TO MAKE TECHNICAL CORRECTIONS, AND TO AMEND SECTION 12-49-70, AS AMENDED, RELATING TO THE CONCLUSIVE PRESUMPTION OF PAYMENT OF TAXES, SO AS TO CORRECT A REFERENCE.

S. 1300 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT FOR DISTRAINT BY THE TAX COMMISSION, FILING WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES, AND LIEN UPON THE PROPERTY OF THE TAXPAYER, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ISSUE A WARRANT FOR DISTRAINT WHEN ANY TAX, ADDITIONAL TAX, INTEREST, OR PENALTY IMPOSED BY THE COMMISSION REMAINS DUE AND UNPAID FOR TEN DAYS.

S. 1304 -- Senators Waddell, Lourie, Leatherman, Long, Hayes and Hinson: A BILL TO AMEND SECTION 12-7-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO ALLOW THE TAX CREDIT WHENEVER A RESIDENT IS TAXED IN ANOTHER STATE.

At 10:45 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 19.

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