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, Heavenly Father, we thank You for these moments of prayer when we lift our thoughts to You in thanksgiving, adoration and praise. Establish Your Word within us; make steadfast Your truths in our minds; dwell in our inner beings with charity and compassion. Be abundantly present in our homes, our Churches and synagogues, our schools, our cities, our countrysides, our courts and legislative halls. In our work, strengthen us; in our travels, protect us; in our troubles, comfort us; and lead us always into the fullness of life.
And now unto the King eternal, immortal, invisible, the only wise God, be honor and glory both now and always. 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 was received.
May 9, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Columbia, S.C. 29201
Dear Lois:
In accordance with requirements of Section 16. 87 of the 1987-88 General Appropriations Act, the Information Technology Planning unit of the Budget and Control Board herewith respectfully submits to the General Assembly of South Carolina a report of the results of a survey of the use of television technology throughout state government.
Should any questions arise concerning this study, please contact me or the Information Technology Planning unit at 734-3621.
Sincerely,
Bobby M. Bowers
Director
Received as information
Copies of the Report are on file in the Clerk's Office for the Members' use.
The following was received.
Columbia, S.C., May 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Garrison, Giese and Pope of the Committee of Free Conference on the part of the Senate on S. 457:
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
Very respectfully,
President
No. 66
Received as information.
The following was received.
Columbia, S.C., May 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 457:
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
Very respectfully,
President
No. 36
Received as information.
The following was received from the Senate.
Columbia, S.C., May 11, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1295:
S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.
Very respectfully,
President
Rep. AYDLETTE moved that the House insist upon its amendments, which was agreed to by a division vote of 47 to 29.
Whereupon, the Chair appointed Reps. AYDLETTE, KLAPMAN and L. MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with amendments the following:
H. 3703 -- Rep. R. Brown: A BILL TO AMEND SECTION 31-13-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTES AND BONDS ISSUED BY THE STATE HOUSING AUTHORITY, SO AS TO MODIFY THE REQUIREMENTS FOR THE ISSUANCE OF NOTES AND BONDS TO OBTAIN FUNDS TO MAKE PERMANENT MORTGAGE LOANS.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
On motion of Rep. KLAPMAN, with unanimous consent, the House stood in silent prayer in memory of Mr. Otis Rawl, Sr.
Rep. BLACKWELL moved that when the House adjourn it adjourn out of respect for the Otis Rawl Family, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Governor and Mrs. Campbell for a sine die barbecue, May 31, 1988, 6:00 - 8:00 P.M., at the Mansion Complex.
The invitation was accepted.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Reps. KIRSH and KLAPMAN, for the minority, submitted an unfavorable report, on:
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4263 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND SAMUEL L. BOYLSTON OF COLUMBIA IN RICHLAND COUNTY FOR HIS MANY OUTSTANDING ACHIEVEMENTS DURING HIS ILLUSTRIOUS CAREER AND WISH HIM MANY YEARS OF HAPPINESS UPON HIS RETIREMENT AS EXECUTIVE VICE PRESIDENT OF THE SOUTH CAROLINA TRUCKING ASSOCIATION, INC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4264 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE MANNING MIDDLE SCHOOL FOOTBALL TEAM FOR POSTING AN UNDEFEATED RECORD DURING THE SEASON IN THE CURRENT ACADEMIC YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1508 -- Senators Hayes, Peeler, Hinson, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE THE ROCK HILL JAYCEES IN YORK COUNTY ON BEING RECOGNIZED AS THE NUMBER ONE OVERALL CHAPTER IN THE STATE FOR THE SECOND CONSECUTIVE YEAR AND TO CONGRATULATE THE SOUTH CAROLINA JAYCEES ON BEING RECOGNIZED AS THE NUMBER ONE STATE JAYCEE ORGANIZATION IN AMERICA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4265 -- Reps. Arthur and 0. Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF HENRY B. RICHARDSON, JR., UNION COUNTY CIVIC AND CHURCH LEADER, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4266 -- Rep. Tucker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INVESTIGATE THE SAFETY OF THE ROAD LOCATED ON U.S. HIGHWAY 76 BETWEEN INTERSTATE 85 AND S.C. HIGHWAY 78 IN ANDERSON COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1236 -- Senator McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-35 SO AS TO PROVIDE THAT A SCHOOL DISTRICT DECLARED TO BE SERIOUSLY IMPAIRED MUST BE REMOVED FROM THAT STATUS IF AT LEAST ONE-HALF OF THE DEFICIENCIES ARE CORRECTED WHICH CAUSED THAT DESIGNATION AND TO PROVIDE FOR THE DESIGNATION OF A SCHOOL DISTRICT AS "IMPROVING" RATHER THAN AS "SERIOUSLY IMPAIRED" UNDER CERTAIN CONDITIONS AND FOR ACTIONS REQUIRED IN DISTRICTS DESIGNATED AS "IMPROVING".
Referred to Committee on Education and Public Works.
S. 1409 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-3-75 SO AS TO DEFINE THE POWERS AND DUTIES OF THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Referred to Committee on Agriculture and Natural Resources.
S. 1410 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-13-210 AND 50-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL LIMITS, SO AS TO PROVIDE THAT NO MORE THAN FIVE STRIPED BASS OR ROCKFISH MAY BE TAKEN ON ANY ONE DAY FROM SPECIFIED WATERS AND THAT THE NUMBER TAKEN MUST BE CONSIDERED IN THE LAWFUL TOTAL OF A COMBINATION OF GAME FISH.
Referred to Committee on Agriculture and Natural Resources.
The following was introduced:
H. 4267 -- Reps. Rudnick, Jones, Sharpe, Gentry, Pettigrew and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY CONCERNING THE DEATH OF MR. RAY M. WILSON, JR., OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4268 -- Reps. Rudnick, Keyserling, T. Rogers, Townsend, Pettigrew, Jones, Sharpe, Gentry, Waldrop and Carnell: A CONCURRENT RESOLUTION TO DESIGNATE JUNE AS "JUST SAY NO TO DRUGS MONTH" IN SOUTH CAROLINA TO ENCOURAGE NOT ONLY THE 1988 HIGH SCHOOL GRADUATES BUT ALL CHILDREN AND YOUNG PEOPLE TO SAY NO TO DRUGS AND ALCOHOL.
Whereas, there is a continuing important battle against drug and alcohol abuse at the community, state, and national levels; and
Whereas, South Carolina's children and young people must be educated about the terrible hazards and disastrous effects of drug and alcohol use; and
Whereas, to "Just Say No" is important for all South Carolinians to remember but especially our young people who are graduating from high school to face new challenges and temptations; and
Whereas, the schools in this State need to lead the fight of public awareness of the dangers of using drugs and alcohol as our educators shape the lives of our future community, state, and national leaders; and
Whereas, the State Superintendent of Education, Dr. Charlie G. Williams, is requested to notify the school districts of the State of the designation of June as "Just Say No To Drugs Month" to enable the high schools to relay to their graduates this State's continuing concern for them as they face the choice of whether or not to remain drug and alcohol free. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly designate June as "Just Say No To Drugs Month" in South Carolina to encourage not only the 1988 high school graduates but all children and young people to say no to drugs and alcohol.
Be it further resolved that a copy of this resolution be forwarded to Dr. Charlie G. Williams.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Dangerfield Davenport Day Derrick Elliott Faber Felder Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Williams Winstead
I came in after the roll call and was present for the Session on May 12, 1988.
David H. Wilkins R.L. Helmly R.S. Corning E. Crosby Lewis, Jr. C. Lenoir Sturkie Thomas Limehouse
STATEMENTS OF ATTENDANCE
Reps. P. BRADLEY and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 5, 1988.
Rep. T.M. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 10, 1988.
The SPEAKER granted Reps. FOXWORTH and EDWARDS a leave of absence for the day.
Announcement was made that Dr. James G. Halford, Jr., of Anderson is the Doctor of the Day for the General Assembly.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4253 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-3025 SO AS TO ESTABLISH A BIRD SANCTUARY IN A CERTAIN PORTION OF CHARLESTON COUNTY WITHIN THE CITY OF CHARLESTON, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
H. 4255 -- Reps. Lockemy and J.W. McLeod: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1988, AND ENDING JUNE 30, 1989.
H. 4257 -- Reps. Short, O. Phillips and Lewis: A BILL TO AMEND ACT 1779 OF 1972, RELATING TO THE CREATION OF THE CHESTER FIRE DISTRICT IN CHESTER COUNTY, SO AS TO INCREASE THE SIZE OF THE DISTRICT.
H. 4261 -- Reps. Kay, Townsend and Carnell: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT NO. 60 TO ISSUE A GENERAL OBLIGATION BOND OF THE SCHOOL DISTRICT IN THE PRINCIPAL AMOUNT OF SIX HUNDRED THOUSAND DOLLARS; TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BOND MUST BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MUST BE EXPENDED; AND TO PROVIDE FOR THE PAYMENT OF THE BOND.
H. 4262 -- Reps. Kay, Townsend and Carnell: A BILL TO PROVIDE FOR THE PROCEDURE TO IMPOSE AD VALOREM TAXES FOR OPERATIONAL PURPOSES FOR ABBEVILLE SCHOOL DISTRICT NO. 60, SOUTH CAROLINA.
S. 854 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 40-43-100, AS AMENDED, AND 40-43-60, 40-43-80, 40-43-90, 40-43-110, 40-43-120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160, 40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380, 40-43-410, AND 40-43-460, RELATING TO PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS TO THE BOARD OF PHARMACY, PROHIBIT THE BOARD FROM ISSUING A TEMPORARY LICENSE, PROVIDE FOR A RECIPROCAL LICENSE FEE, REQUIRE CONTINUING EDUCATION, CHANGE THE TERM "REGISTERED PHARMACIST" TO "LICENSED PHARMACIST", REQUIRE THE PHARMACIST TO KEEP A RECORD OF THE QUANTITY OF A POISONOUS SUBSTANCE SOLD AND CLEARLY LABEL POISONOUS SUBSTANCES DISPENSED "POISON", DELETE THE DRUG SULFONAMIDE, ABORTIFACIENT DRUGS, AND HORMONES SINCE THEY ARE NO LONGER USED, AND CHANGE THE REFERENCE TO PHARMACIES TO DRUG OUTLETS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTIONS 40-43-170, 40-43-220, 40-43-290, 40-43-310, 40-43-340, 40-43-350, 40-43-450, AND 40-43-470 RELATING TO LABELS FOR POISONS, DRUGS AND POISONS SOLD BY MERCHANTS, PAYMENT OF DRUG INSPECTORS, DISPOSITION OF FEES COLLECTED BY THE BOARD, THE ANNUAL REPORT OF PHARMACEUTICAL ASSOCIATIONS, THE TERMS "PHARMACIST", "DRUGGIST", AND "APOTHECARY" CONSTRUED INTERCHANGEABLY, PERMITS TO OPEN A NEW PHARMACY, AND EMPLOYEES' SALARIES.
S. 356 -- Senator Land: A BILL TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS REQUIRING AN OCCUPATIONAL THERAPY ASSISTANT'S PROGRAM TO BE APPROVED BY THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.
S. 1327 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. DAVENPORT explained the Joint Resolution.
On motion of Rep. DANGERFIELD, with unanimous consent, it was ordered that H. 4253 be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 4261 be read the third time tomorrow.
On motion of Rep. KAY, with unanimous consent, it was ordered that H. 4262 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3833 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE STATE RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE, SO AS TO PROVIDE AN ALTERNATIVE OPTIONAL METHOD UNDER WHICH THESE MEMBERS ARE AUTHORIZED TO PURCHASE ADDITIONAL SERVICE CREDIT, AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, BY ADDING SECTION 9-11-65 SO AS TO MAKE THE ABOVE OPTION ALSO AVAILABLE TO MEMBERS OF THIS SYSTEM UNDER SPECIFIED CONDITIONS.
H. 4182 -- Reps. Hearn, T. Rogers, Humphries, J. Bradley, M.D. Burriss, Foxworth, Wilkins, Winstead and Dangerfield: A BILL TO AMEND SECTION 12-35-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT FROM THE TAX TANGIBLE PERSONAL PROPERTY AND EXHIBITION RENTALS PURCHASED FROM SOURCES OUTSIDE THIS STATE BY CHARITABLE, ELEEMOSYNARY, OR GOVERNMENTAL ORGANIZATIONS OPERATING MUSEUMS IF THE PROPERTY PURCHASED OR LEASES ENTERED INTO ARE DIRECTLY RELATED TO MUSEUM PURPOSES.
H. 4085 -- Rep. McAbee: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN THE OPERATOR OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT, IN ANY COUNTY THAT DOES NOT HAVE A LICENSED MEDICAL FACILITY, BLOOD AND URINE SAMPLES MAY BE TAKEN IN THE OFFICE OF ANY PHYSICIAN LICENSED BY THE STATE BOARD OF MEDICAL EXAMINERS, AND TO PROVIDE THAT THE PROCEDURES APPROVED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE OBTAINING AND THE HANDLING OF BLOOD SAMPLES OR URINE SAMPLES MUST BE IN CONFORMITY WITH THE PROVISIONS OF THIS SECTION.
H. 4209 -- Reps. Fair and Wilkins: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.
H. 4126 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT AS A CONDITION OF PROBATION IT MAY FINE A CHILD IN AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS IN CASES WHICH WOULD BE TRIABLE IN MAGISTRATES' COURT IF THE VIOLATOR WERE AN ADULT WHEN COMMITMENT IS SUSPENDED, BUT NOT IN ADDITION TO COMMITMENT.
H. 4000 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE, AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION OF CHILDREN.
H. 4042 -- Rep. Koon: A BILL TO AMEND SECTION 53-3-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FAMILY OF THE YEAR AND THE COMMITTEE TO CHOOSE THE FAMILY OF THE YEAR, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THIS COMMITTEE AND PROVIDE FOR THE MANNER OF THEIR APPOINTMENT.
H. 2495 -- Rep. Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7-180 SO AS TO PROHIBIT PARAMILITARY TRAINING BY CERTAIN PERSONS AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF PARTICIPATION IN UNLAWFUL PARAMILITARY TRAINING.
H. 3426 -- Rep. J. Brown: A BILL TO REQUIRE DEADBOLT LOCKS AND SECURITY CHAINS ON THE DOORS TO CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED DEADBOLT LOCK AND SECURITY CHAIN ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
H. 4044 -- Reps. Kirsh, McLellan, McTeer and Elliott- A BILL TO AMEND SECTION 12-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUDITORS, ASSESSORS, AND APPOINTED APPRAISERS ATTEND EDUCATIONAL COURSES AS REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO DELETE THE EDUCATIONAL COURSE REQUIREMENT FOR AUDITORS.
The following Bill and Joint Resolutions 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. 1013 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE MONETARY PENALTY FROM A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
S. 1081 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO PROMULGATE REGULATIONS WHICH PROVIDE OBJECTIVE GUIDELINES AS TO WHAT CONSTITUTES SUCCESSFUL COMPLETION OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.
S. 1457 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO THE CONDUCT OF BOXING, KICKBOXING, SPARRING, AND WRESTLING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1311 -- Senators Waddell, Lourie, Leatherman and Hayes: 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.
S. 1316 -- Senators Dennis and Nell W. Smith: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR AN EXEMPTION FOR ARCHEOLOGICAL RECORDS OF THE INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY.
S. 1344 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-7-603 SO AS TO CODIFY THE COMMON LAW RULE PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN FIDUCIARY DECISIONS TO BENEFIT THEMSELVES, BY PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN DECISIONS TO EXERCISE GENERAL POWERS OF APPOINTMENT IN FAVOR OF THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, BY REQUIRING THAT ALLOCATIONS BETWEEN INCOME AND PRINCIPAL OF RECEIPTS AND EXPENSES IN THEIR FAVOR BE MADE IN ACCORDANCE WITH THE REVISED UNIFORM PRINCIPAL AND INCOME ACT, AND BY PROVIDING THAT MERGER OF THE LEGAL AND EQUITABLE TITLES OF THE TRUST PROPERTY MAY NOT OCCUR UNLESS THE SOLE FIDUCIARY AND THE SOLE BENEFICIARY ARE IDENTICAL, AND TO REPEAL SECTION 21-11-5 RELATING TO CERTAIN POWERS OF FIDUCIARIES.
S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HUFF having the floor.
H. 4057 -- Rep. Huff: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVERS LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-9-61, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF NINETY DAYS FOR A FIRST OFFENSE, SIX MONTHS FOR A SECOND OFFENSE, AND ONE YEAR FOR A THIRD OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Rep. HUFF relinquished the floor.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 11, by the Committee on Judiciary.
The amendment was then adopted.
Rep. PETTIGREW proposed the following Amendment No. 2 (Doc. No. 3762J).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION. (A) Article 3, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-746. The Department of Highways and Public Transportation shall suspend the driver's license of any person under the age of eighteen years convicted of a violation under Article 3, Chapter 53, Title 44 (Narcotics and Controlled Substances) or adjudicated delinquent on a petition alleging facts constituting a violation under that article until his eighteenth birthday. If the person so convicted or adjudicated delinquent does not have a South Carolina driver's license, he is ineligible to apply for a driver's license until his eighteenth birthday."
(B) Article 3, Chapter 53, Title 44 of the 1976 Code is amended by adding:
"Section 44-53-671. The clerk of any court in which a conviction is obtained under this article, or in which an adjudication of delinquency is obtained on a petition alleging facts constituting an offense under this article shall report the conviction or delinquency adjudication of any person under the age of eighteen years to the South Carolina Department of Highways and Public Transportation."
(C) The driver's license suspension or ineligibility to apply for a driver's license provided in Section 56-1-746 of the 1976 Code added by this section applies with respect to offenses occurring after June 30, 1988."/
Renumber sections to conform.
Amend title to conform.
Rep. PETTIGREW explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. PETTIGREW demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Boan Brown, J. Burch Cole Faber Ferguson Hodges Johnson, J.W. Jones Kay Lewis Lockemy McBride McEachin Nettles Rudnick Sheheen Stoddard
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Bradley, P. Brown, H. Burriss, J.H. Burriss, T.M. Chamblee Clyborne Cooper Cork Davenport Day Elliott Fair Gilbert Gordon Haskins Hayes Hearn Helmly Hendricks Humphries Johnson, J.C. Klapman Kohn Koon Mappus Martin, L. Mattos McCain McGinnis Moss Neilson Nesbitt Pettigrew Phillips, O. Rice Simpson Snow Thrailkill Townsend Tucker Waldrop Wells White Wilder Wilkins Williams
So, the House refused to table the amendment.
Reps. HODGES, NETTLES and McEACHIN objected to the Bill.
Rep. DANGERFIELD moved to adjourn debate upon the following Bill until Tuesday, May 17, which was adopted.
S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.
The following Bill was taken up.
H. 3456 -- Rep. McEachin: A BILL TO AMEND SECTION 50-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS TO THE CONSTRUCTION, EQUIPMENT, AND SAFETY STANDARDS OF BOATS, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS WHICH REQUIRE THAT BOATS WITH INBOARD MOTORS OR INBOARD/OUTBOARD MOTORS ARE EQUIPPED WITH MUFFLERS IN GOOD WORKING ORDER OR WITH AN ACCEPTABLE SOUND RETARDING COVERING TO PREVENT EXCESSIVE, UNUSUAL, OR ANNOYING NOISE.
Reps. McEACHIN and BOAN proposed the following Amendment No. 2, which was adopted.
By adding a new Section appropriately numbered as follows:
SECTION (_____) Section 50-21-860 of the 1976 Code, added by Act 430 of 1988, is amended to read:
"Section 50-21-860. As used in this section, 'airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.
(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35, seaward.
(B) It is unlawful to operate an airboat on waters on that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree Rivers during the season for hunting waterfowl.
(C) It is unlawful to operate an airboat on Lake Wateree.
Any person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying and biological research programs and private waters."
Amend title to conform.
Rep. McEACHIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4152 -- Rep. Altman: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Rep. BAXLEY proposed the following Amendment No. 1 (Doc. No. 3868J).
Amend the bill, as and if amended, by deleting SECTION 1, page 4152-2, beginning on line 26.
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 17, which was adopted.
The following Bill was taken up.
H. 4117 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-59-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM WITHOUT REASONABLE CAUSE OR IN BAD FAITH SO AS TO REVISE THE AMOUNT OF THE ATTORNEYS' FEES WHICH MAY BE AWARDED BY THE TRIAL JUDGE IN THESE CASES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3670J), which was adopted.
Amend the bill, as and if amended, in Section 38-59-40(1) of the 1976 Code, as contained in SECTION 1, by striking the last sentence of the section and inserting:
/The amount of the attorneys' fees may not exceed one-third of the amount of the judgment or the sum of two thousand five hundred five thousand dollars, whichever is less./
When amended, Section 38-59-40(1)shall read:
/(1) In the event of a claim, loss, or damage which is covered by a policy of insurance or a contract of a nonprofit hospital service plan or a medical service corporation and the refusal of the insurer, plan, or corporation to pay the claim within ninety days after a demand has been made by the holder of the policy or contract and a finding on suit of the contract made by the trial judge that the refusal was without reasonable cause or in bad faith, the insurer, plan, or corporation is liable to pay the holder, in addition to any sum or any amount otherwise recoverable, all reasonable attorneys' fees for the prosecution of the case against the insurer, plan, or corporation. The amount of reasonable attorneys' fees must be determined by the trial judge and the amount added to the judgment. The amount of the attorneys' fees may not exceed one-third of the amount of the judgment or the sum of two thousand five hundred five thousand dollars, whichever is less./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4108 -- Rep. Hodges: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS PERTAINING TO THE ACT, PROVIDE WHEN LIFE SUSTAINING PROCEDURES MAY BE WITHHELD OR WITHDRAWN AND CLARIFY THE PHYSICIAN'S RESPONSIBILITIES, REVISE THE FORM AND PROCEDURES NECESSARY TO EXECUTE A VALID DECLARATION OF A DESIRE FOR A NATURAL DEATH, PROVIDE NEW REQUIREMENTS FOR REVOCATION OF A DECLARATION, PROVIDE THE CIRCUMSTANCES UNDER WHICH IMMUNITY APPLIES IN RELIANCE UPON A DECLARATION, DETAIL THE DUTIES OF A PHYSICIAN AND HEALTH CARE FACILITY IF A DECLARATION IS NOT EFFECTUATED, AND REVISE THE PENALTIES FOR NONCOMPLIANCE WITH THIS ACT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3671J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 77, Title 44 of the 1976 Code is amended to read:
Section 44-77-10. This chapter may be cited as the Death With Dignity Act.
Section 44-77-20. As used in this chapter:
a. 'Declarant' means a person who has signed a declaration in accordance with Section Sections 44-77-40 and 44-77-50, in accordance with earlier versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40.
b. 'Life-sustaining procedures' means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not such the procedures are utilized. Life-sustaining procedures do not include the administration of medication nor does it affect the responsibility of the attending physician to provide or the provision of treatment, nutrition, and hydration for comfort care or alleviation of pain.
c. 'Physician' means any person licensed to practice medicine in this State.
d. 'Terminal condition' means an injury, disease, or illness from which to a reasonable degree of medical certainty (i) there can be no recovery, and (ii) death is imminent incurable or irreversible condition that, without the use of life-sustaining procedures, will result in death within a relatively short period of time.
e. 'Active treatment' means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of any terminal condition a declaration, including, but not limited to, hospitalization and medication.
f. 'Person' means an individual, partnership, committee, association, corporation, hospital, or any other organization or group.
Section 44-77-30. If any adult declares that his dying not be prolonged person eighteen years of age or older adopts a declaration that is substantially in the form provided in Section 44-77-50 and that on its face is duly executed, witnessed, and authenticated as provided in Section 44-77-40 or on its face is in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted, if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40 and the person's present condition is confirmed by certified to be terminal by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician to be terminal, then the life-sustaining procedure procedures may be withheld or discontinued withdrawn upon the direction and under the supervision of the attending physician.
All patients with life threatening illnesses conditions that are diagnosed as terminal shall must be administered active treatment for at least six hours prior to before the physician's acceptance of physician may give effect to a declaration.
Section 44-77-40. The attending physician may rely upon a signed, witnessed, and dated A declaration is valid:
1. which expresses substantially in the form set forth in Section 44-77-50, a desire of the declarant that no life-sustaining procedures be used to prolong dying if his condition is terminal and states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life-sustaining procedures; and
2. which states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life-sustaining procedures; and
3. which has been dated and signed by the declarant in the presence of three an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood or marriage, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, not directly financially responsible for the person's medical care, and who would not be entitled to any portion of the estate of the declarant upon his decease under any will of the declarant then existing or as an heir by intestate succession under the laws of South Carolina of the declarant then existing or is, and not a beneficiary of a life insurance policy of the declarant, and has knowledge of such status. No who state that no more than one witness may be is an employee of a health facility in which the declarant is a patient. A and that no witness to a the declaration may not be is the attending physician or an employee of the attending physician or any person who has a claim against any portion of the estate of the declarant upon his decease at the time of the execution of the declaration.;
3. which, if the declarant is a patient in a hospital or skilled or intermediate care nursing facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section. The intent of this section is to recognize that some patients in skilled or intermediate care nursing facilities may be so insulated from a voluntary decision-making role, by virtue of the custodial nature of their care, as to require special assurance that they are capable of wilfully and voluntarily executing a declaration;
4. which accompanying affidavit has been subscribed and sworn to by the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs.
Section 44-77-50. The declaration must be substantially in the following form with the procedure and requirements for revocation of the declaration appearing either in bold-face print or in all upper case letters, the characters in either case being of at least the same size as used in the rest of the declaration:
STATE OF SOUTH CAROLINA
DECLARATION OF A DESIRE FOR A NATURAL DEATH
COUNTY OF _________________
I, ____________, being at least eighteen years of age and a resident of and domiciled in the City of ____________________, County of _________________, State of South Carolina, make this Declaration this _____ day of ___, 19__.
I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal, and I do hereby declare:
If at any time I have an incurable injury, disease, or illness a condition certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will occur within a relatively short period of time without the use of life-sustaining procedures and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that such the procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians and any health facility in which I may be a patient as the final expression of my legal right to refuse medical or surgical treatment, and I accept the consequences from such the refusal.
I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.
THIS DECLARATION MAY BE REVOKED BY THE DECLARANT, WITHOUT REGARD TO HIS PHYSICAL OR MENTAL CONDITION:
(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED, IN EXPRESSION OF THE DECLARANT'S INTENT TO REVOKE, BY THE DECLARANT OR BY SOME PERSON IN THE PRESENCE OF AND BY THE DIRECTION OF THE DECLARANT. REVOCATION BY DESTRUCTION OF ONE OR MORE OF MULTIPLE ORIGINAL DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS. THE REVOCATION OF THE ORIGINAL DECLARATIONS ACTUALLY NOT DESTROYED BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION;
(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY THE DECLARANT EXPRESSING HIS OR HER INTENT TO REVOKE. THE REVOCATION SHALL BECOME BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT OR BY A PERSON ACTING ON BEHALF OF THE DECLARANT. THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN HE THE PHYSICIAN RECEIVED NOTIFICATION OF THE WRITTEN REVOCATION.;
(3) BY A VERBAL AN ORAL EXPRESSION BY THE DECLARANT OF HIS INTENT TO REVOKE THE DECLARATION. THE REVOCATION SHALL BECOME BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT. HOWEVER, AN ORAL REVOCATION MADE BY THE DECLARANT BECOMES EFFECTIVE UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY A PERSON OTHER THAN THE DECLARANT IF:
(a) THE PERSON WAS PRESENT WHEN THE ORAL REVOCATION WAS MADE;
(b) THE REVOCATION WAS COMMUNICATED TO THE PHYSICIAN WITHIN A REASONABLE TIME;
(c) THE PHYSICAL OR MENTAL CONDITION OF THE DECLARANT MAKES IT IMPOSSIBLE FOR THE PHYSICIAN TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH THE DECLARANT THAT THE REVOCATION HAS OCCURRED.
THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN HE RECEIVED NOTIFICATION OF THE REVOCATION. TO BE EFFECTIVE AS A REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE A DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-SUSTAINING PROCEDURES BE ADMINISTERED;
(4) BY A WRITTEN, SIGNED, AND DATED REVOCATION OR AN ORAL REVOCATION BY A PERSON DESIGNATED BY THE DECLARANT IN THE DECLARATION, EXPRESSING THE DESIGNEE'S INTENT PERMANENTLY OR TEMPORARILY TO REVOKE THE DECLARATION. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DESIGNEE. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION. A DESIGNEE MAY REVOKE ONLY IF THE DECLARANT IS INCOMPETENT TO DO SO. IF THE DECLARANT WISHES TO DESIGNATE A PERSON WITH AUTHORITY TO REVOKE THIS DECLARATION ON HIS BEHALF, THE NAME AND ADDRESS OF THAT PERSON MUST BE ENTERED BELOW:
_____________________________________________ _________________________________________
NAME OF DESIGNEE
_________________________________
ADDRESS
___________________________________________________________________________________________
Declarant
STATE OF ________________ AFFIDAVIT
COUNTY OF _________________
We, ________________, , and the undersigned witnesses whose names are signed to the foregoing Declaration, dated the __________ day of ______________, 19____, being first duly sworn, do hereby declare to the undersigned authority, on the basis of our best information and belief, that the Declaration was on that date signed by the said declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, did thereunto subscribe our names as witnesses on that date. The declarant is personally known to us, and we believe him to be of sound mind. None Each of us affirms that he is disqualified qualified as a witness to this Declaration by any provision under the provisions of the South Carolina death with dignity Act. None of us is in that he is not related to the declarant by blood or marriage, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of such the attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a patient in a hospital or skilled or intermediate care nursing facility at the date of execution of this Declaration at least one of us is an ombudsman designated by the State Ombudsman, office of the governor.
________________________
Witness
________________________
Witness
________________________
Witness
Subscribed, sworn to, and acknowledged before me by ______________, the declarant, and subscribed and sworn to before me by ____________, , and _________________, the witnesses, this ________ day of _________, 19___.
Notary Public for ____________________________
My commission expires: ___________________
SEAL
The Declaration must be signed by the declarant in the presence of three witnesses and shall be attested and subscribed in the presence of the declarant and of each other by the three witnesses and an officer authorized to administer oaths under the laws of the State where acknowledgment occurs or else the Declaration shall be utterly void and of no effect. Each will prepared in accordance with the provisions of this section shall set forth the procedure and requirements for revocation of the Declaration. Requirements for revocation shall be set forth in bold-face print.
Section 44-77-60. A declaration shall have no force or effect if the declarant is a patient in a hospital or skilled or intermediate care nursing facility at the time the directive is executed unless one of the three witnesses to the directive Ombudsman, Office of the Governor. The ombudsman shall have the same qualifications as a witness under Section 44-77-40.
The intent of this section is to recognize that some patients in skilled or intermediate care nursing facilities may be so insulated from a voluntary decision-making role, by virtue of the custodial nature of their care, as to require special assurance that they are capable of wilfully and voluntarily executing a directive.
Section 44-77-70. If a declarant has been diagnosed as pregnant, the Declaration shall have no force of effect is not effective during the course of the declarant's pregnancy.
The Declaration shall also contain an affidavit in the form of a verification by each witness that he is not disqualified by any provision of this chapter and such disqualification shall be set forth in the text of the affidavit.
Section 44-77-80. The Declaration may be revoked by the declarant, without regard to his physical or mental condition:
(1) By by being defaced, torn, obliterated, or otherwise destroyed in expression of the declarant's intent to revoke by the declarant or by some person in the presence of and by the direction of the declarant. Revocation by destruction of one or more of multiple original declarations revokes all of the original declarations. The revocation of the original declarations actually not destroyed becomes effective only upon communication to the attending physician. The attending physician shall record in the declarant's medical record the time and date when the physician received notification of the revocation;
(2) By by a written revocation signed and dated by the declarant expressing his or her intent to revoke. The revocation shall become becomes effective only upon communication to the attending physician by the declarant or by a person acting on behalf of the declarant. The attending physician shall record in the patient's declarant's medical record the time and date when he the physician received notification of the written revocation.;
(3) By a verbal by an oral expression by the declarant of his intent to revoke the Declaration. The revocation shall become becomes effective only upon communication to the attending physician by the declarant. However, an oral revocation made by the declarant becomes effective upon communication to the attending physician by a person other than the declarant if:
(a) the person was present when the oral revocation was made;
(b) the revocation was communicated to the physician within a reasonable time;
(c) the physical or mental condition of the declarant makes it impossible for the physician to confirm through subsequent conversation with the declarant that the revocation has occurred. The attending physician shall record in the patient's declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when he the physician received notification of the revocation. To be effective as a revocation, the oral expression clearly must indicate the declarant's desire that the declaration not be given effect or that life-sustaining procedures be administered;
(4) by a written, signed, and dated revocation or by an oral revocation by the declarant's designee, the designee's name and address being supplied in the declaration, expressing the designee's intent to permanently or temporarily revoke the declaration. The revocation becomes effective only upon communication to the attending physician by the designee. The attending physician shall record in the declarant's medical record the time, date, and place of the revocation and the time, date, and place, if different, of when the physician received notification of the revocation. A designee may revoke only if the declarant is incompetent to do so.
Section 44-77-90. After certification of a terminal condition, a physician any person who relies on a declaration which on its face appears to have been executed under in accordance with the provisions of this chapter, of which he has no actual notice of revocation, and who withholds or withdraws or participates in the withholding or withdrawal of life-sustaining procedures from the terminally ill patient who executed the declaration, is presumed to be acting in good faith. Unless it is alleged and proved that the physician's action violated the standard of reasonable professional care and judgment under the circumstances, he is immune from civil or criminal liability. Any person who in good faith and in accordance with the provisions of this chapter participates in the withholding or withdrawal of life-sustaining procedures from the patient is not subject to criminal or civil liability on account of the withholding or withdrawal. The immunity from civil liability does not extend to cases of provable malpractice committed in connection with the withholding or withdrawal.
Section 44-77-100. A physician or health care facility electing for any reason not to participate in the withholding or withdrawal of life-sustaining procedures in accordance with a declaration executed under this chapter shall make a reasonable effort to locate a physician or health care facility that will effectuate the declaration and has a duty to transfer the patient to that physician or facility. A failure by a physician to effectuate the declaration of a terminal patient shall constitute constitutes unprofessional conduct if the physician fails or refuses to make reasonable efforts to effect the transfer of the patient to another physician who will effectuate the declaration.
Section 44-77-110. The execution and consummation of declarations made in accordance with Section Sections 44-77-40 or and 44-77-50 does do not constitute suicide for any purpose.
Section 44-77-120. No person is may be required to sign a declaration in accordance with Section Sections 44-77-40 or and 44-77-50 as a condition for becoming insured under any insurance contract or for receiving any medical treatment or as a condition of being admitted to a hospital or nursing home facility.
Section 44-77-130. Nothing in this chapter may be construed to authorize or approve mercy killing, or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
Section 44-77-140. The absence of a declaration by an adult patient shall does not give rise to any presumption as to his intent to consent to or refuse death prolonging procedures. Nothing in this chapter impairs any other legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner.
Section 44-77-150. (A) If any person knowingly provides or aids another in providing any false information of any nature in any manner relative to a declaration of a desire for a natural death under this chapter, including, but not limited to, te contents of the declaration or the execution or the revocation of the declaration, and life-sustaining procedures are withheld or withdrawn from the declarant and the declarant then dies as a result of the withdrawal or nontreatment, the person is guilty of murder and must be punished in accordance with the laws of this State.
(B) If any person knowingly provides or aids another in providing any false information of any nature in any manner relative to a declaration of a desire for a natural death under this chapter, including, but not limited to, the contents of the declaration or the execution or the revocation of the declaration, and life-sustaining procedures are withheld or withdrawn from the declarant and the declarant does not die but further expenses are incurred as a result of the withdrawal or nontreatment, in caring for the declarant, the person is responsible for the payment of those further expenses.
Section 44-77-160. Any (A) If any person who coerces or fraudulently induces another person to execute a declaration under this chapter, falsifies or forges a declaration, or wilfully conceals, cancels, obliterates, or destroys a revocation of a declaration, and the declarant dies as a result of the withdrawal of treatment or nontreatment in reliance on the declaration, that person is guilty of murder and must be punished subject to prosecution in accordance with the criminal laws of this State.
(B) Nothing in this chapter prohibits any person from informing another person of the existence of this chapter, delivering to another person a copy of this chapter or a form of declaration, or counseling another person in good faith concerning the execution of a declaration.
(C) If any person wilfully conceals, cancels, defaces, obliterates, or damages the declaration of another without the declarant's consent or falsifies or forges a revocation of the declaration of another, that person breaches a duty owed to the declarant and is responsible for payment of any expenses or other damages incurred as a result of the wrongful act."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HODGES explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 17, which was adopted.
The following Bill was taken up.
S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Reps. FELDER, L. PHILLIPS and TOWNSEND proposed the following Amendment No. 7 (Doc. No. 3633J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Items (e) and (f) of Section 59-26-20 of the 1976 Code are amended to read:
"(e) Adopt program approval standards so that beginning with the 1982-83 school year all colleges and universities in this State that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this act chapter before final admittance admission into the undergraduate teacher education program. These program approval standards shall must include but not be limited to the following:
(1) A student initially may initially take the basic skills examination during his first or second year in college.
(2) Students may be allowed to take the examination no more than three four times. A student may take the examination a fourth time only with the approval of the State Board of Education or its designee. Approval may be granted only upon a showing by a student that he has comPleted a program of study in those subject areas of the examination that the student has not passed in previous attempts. The program of study must be of sufficient content and duration to remediate the student's deficiencies.
(3) If a student has not passed the examination, he may be conditionally admitted conditionally to a teacher education program. Such admittance shall This admission may not exceed one year. If he has not passed the examination within one year of the conditional admittance admission he shall may not continue in the teacher education program.
Provided, that in In addition to the above approval standards, beginning in 1984-85, additional and upgraded approval standards must be developed, in consultation with the Commission on Higher Education, and promulgated by the State Board of Education for these teacher education programs.
(f) Administer the basic skills examination provided for in this section at least two times per a year."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 8 (Doc. No. 3484J).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Section 59-26-20 of the 1976 Code is amended by adding an appropriately lettered item to read:
"( ) Develop program approval standards or promulgate regulations that provide that student teaching experience in a private school meets the teacher education program requirements for private colleges and universities if, on an annual basis, student teaching experience assignments from the private college or university are predominately in the public school setting."/
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. McGINNIS spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 8.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 47 -- Senator Fielding: A BILL TO REPEAL SECTION 16-3-658, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT, UNDER THE PROVISIONS OF SECTIONS 16-3-651 THROUGH 16-3-659.1, IF A VICTIM IS HIS LEGAL SPOUSE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4269 -- Reps. J.C. Johnson, Carnell and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE MISS GINGER CARTER OF LAKE CITY IN FLORENCE COUNTY ON THE FINE JOB SHE HAS DONE AS PRINCESS OF FLOWERS XX FOR THE TWENTY-FIRST ANNUAL SOUTH CAROLINA FESTIVAL OF FLOWERS WHICH IS HELD IN GREENWOOD EACH YEAR AND TO CONGRATULATE THE TIARA GARDEN CLUB ON THEIR FINE WORK IN SPONSORING MISS CARTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4270 -- Rep. Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO PROVIDE A NO-WAKE ZONE FROM ONE HUNDRED YARDS NORTH OF MARKER 40 TO MARKER 41 ON THE NEW RIVER IN BEAUFORT COUNTY.
Referred to Committee on Agriculture and Natural Resources.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8.
S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Debate was resumed on Amendment No. 8, by Rep. HASKINS.
Rep. TOWNSEND moved to table the amendment, which was agreed to by a division vote of 34 to 14.
Debate was resumed on Amendment No. 4, which was proposed on Tuesday, April 26, by Rep. FELDER.
Rep. FELDER moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. O. PHILLIPS, with unanimous consent, it was ordered that S. 943 be read the third time tomorrow.
The following Bill was taken up.
S. 134 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-34 SO AS TO AUTHORIZE THE GOVERNING BODY OF EACH COUNTY TO ESTABLISH A COUNTY COURT LIBRARY AND TO AUTHORIZE THE FUNDING OF THE LIBRARY BY MEANS OF A COURT COST ASSESSED ON CRIMINAL BOND FORFEITURES AND FINES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3683J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 4-9-34. (A) The governing body of each county, by ordinance, may establish a court law library for the use and benefit of the courts. This section does not preclude the governing bodies of counties from cooperating to establish a multicounty law library. The governing body shall establish regulations and rules providing for the use, management, control, and operation of the library. It may accept donations of books, funds, and other property for the use and benefit of the library, dispose of books and other equipment considered unnecessary or obsolete, purchase books and other necessary material for the proper upkeep and orderly management of the library, including a reasonable salary for a librarian.
(B) Any governing body of a county establishing a court law library may add as costs any or all of the following:
(1) an amount not to exceed two dollars to the amount collected upon the forfeiture of any appearance bond in a criminal proceeding in any of the magistrates' courts in the county;
(2) an amount not to exceed two dollars to any fine imposed and collected in any criminal proceeding in any of the magistrates' courts in the county;
(3) an amount not to exceed two dollars to any fine imposed and collected in any criminal proceeding in the circuit court in that county.
(C) The costs which may be added as provided in subsection (B) of this section are in addition to any other costs imposed by law and must be collected as a part of each fine or forfeiture remitted.
(D) All funds generated by the added court costs authorized by the provisions of this section must be used solely for the establishment, maintenance, support, and operation of the court law library.
(E) Nothing in this section may be construed to prohibit the governing body of any county from funding a court law library from the general operating budget of the county."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Reps. KIRSH, KLAPMAN and T. ROGERS objected to the Bill.
The following Bill was taken up.
S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0109R).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1, The 1976 Code is amended by adding Section 50-17-1525.
"Section 50-17-1525. The following waters of this State as described below are closed to trawling at all times:
"(1) That area of Calibogue Sound delineated in item (1) of Section 50-17-1520 and bounded to the seaward by a line described in Section 50-17-1510 as follows: beginning at Marker SC1; latitude 32° 07.1'N, and longitude 80° 50.4'W; thence running east across Calibogue Sound to Marker SC2; latitude 32° 07.1'N, longitude 80° 49.6'W.
(2) That area of Port Royal Sound delineated in item (2) of Section 50-17-1520 and bounded to the seaward by a line described in Section 50-17-1510 as follows: beginning at the northernmost point of Hilton Head Island and continuing therefrom to a flashing light designated on National Ocean Survey Chart 11513 as FL R 4 sec '6' and thence to FL 2.5 sec '3' at the northern tip of Hilton Head Island, running easterly through bell buoy No. R '2'; thence continuing to red-lighted gong buoy; thence to black day marker No. A-19 at the mouth of Station Creek.
(3) That area of St. Helena Sound delineated in item (3) of Section 50-17-1520 and bounded to the seaward by a line described in Section 50-17-1510 as follows: beginning at the Highway 21 Bridge crossing Harbor River, thence from the center of the swing span of the Highway 21 Bridge in a northeasterly direction to Marker A6; thence continuing to the flashing range light on the Combahee Bank; thence to marker (SC5) on the west of Otter Island at latitude 32° 29.1'N, and longitude 80° 25.2'W; thence seaward along the shoreline of Otter Island to a point at the mouth of Jefford and Fish Creek on the southern tip of Otter Island opposite Pine Island; thence turning and running in a southeasterly direction to the southernmost tip of Bay Point on Edisto Island.
(4) That area within Bull Bay lying seaward, commencing at the mouths of all creeks and rivers entering Bull Bay."
SECTION 2. This act takes effect upon approval by the Governor.
Amend the title to conform.
Rep. PEARCE explained the amendment.
Further proceedings were interrupted by a House Assembly, the pending question being consideration of Amendment No. 1.
The Reading Clerk of the House read the following House Resolution:
H. 4244 -- Rep. Gilbert: A HOUSE RESOLUTION TO DESIGNATE THURSDAY, MAY 12, 1988, AS "BOYS' CLUB DAY" IN SOUTH CAROLINA AND TO INVITE ALL CONTESTANTS FOR THE YOUTH OF THE YEAR AWARD AND THEIR CLUB DIRECTORS TO ATTEND A SESSION OF THE HOUSE OF REPRESENTATIVES IN THE HALL OF THE HOUSE AT 11:00 A.M. ON THURSDAY, MAY 12, 1988, SO THAT THE HOUSE MEMBERS MAY RECOGNIZE AND COMMEND THE CONTESTANTS, THEIR CLUB DIRECTORS, AND THE RECIPIENT OF THE SOUTH CAROLINA BOYS' CLUB YOUTH OF THE YEAR AWARD.
The S.C. Boys' Club Youth of the Year Award Recipient, Contestants, and Club Directors and distinguished party were escorted to the rostrum by Reps. GILBERT, TUCKER, McBRIDE and KEYSERLING.
Rep. GILBERT introduced the honored guests as follows:
Rep. Frank Gilbert:
"Thank you very much, Mr. Speaker, ladies and gentlemen of the House...It is my privilege and honor to recognize, along with you, the Youth of the Year of the Boys' Club of South Carolina. I have a Resolution to designate Thursday, May 12, 1988, as "Boys' Club Day" in South Carolina and to invite all contestants for the Youth of the Year award and their club directors to attend a session of the House of Representatives in the Hall of the House at 11:00 a.m. on Thursday, May 12, 1988, so that the House members may recognize and commend the contestants, their club directors and the recipient of the South Carolina Boys' Club Youth of the Year Award. Whereas, the members of the House of Representatives designate May 12, 1988, as "Boys' Club Day" in South Carolina; and whereas, the South Carolina Area Council of the South Carolina Boys' Club annually selects the South Carolina Boys' Club Youth of the Year; and whereas, the youth selected must have demonstrated unselfish service and exceptional leadership qualities in the Boys' Club; and whereas, further elements for consideration for the Youth of the Year award are letters of reference, school activities, community service, and activities with the club; and whereas, the applicants are also required to write an essay on the subject "What the Boys' Club Means to Me" and, in addition, he must have overcome a major obstacle in his life; and whereas, the South Carolina Youth of the Year will compete with youths from other states for the national award which will be presented by President Ronald Reagan; and whereas, all the youths in the Boys' Clubs from throughout South Carolina who are competing for this prestigious award are to be commended and congratulated for their participation, interest, and desire to improve their own lives and skills and by so doing are setting an example for the youth of this nation that sacrifice, perseverance, and service leads to self-esteem, satisfaction, and accomplishment. Now, therefore, be it resolved by the House of Representatives that the members of the House of Representatives of the State of South Carolina designate Thursday, May 12, 1988, as "Boys' Club Day" in South Carolina. Be it further resolved that all contestants for the Youth of the Year award and their club directors are invited to attend a meeting of the House of Representatives in the Hall of the House at 11:00 A.M. on Thursday, May 12, 1988, so that the House members may recognize and commend the contestants, their club directors, and the recipient of the South Carolina Boys' Club Youth of the Year award, state of South Carolina, the House of Representatives, Columbia, South Carolina, May 5, 1988. It is signed by the Speaker of the House, Robert J. Sheheen and the Clerk of the House, Mrs. Lois T. Shealy. I would like to recognize the Youth of the Year from the various Boys' Clubs and then the person chosen, having gone before the Governor this morning at the 10:00 meeting. We have with us, and I'd like for you to identify yourself by stepping forward once I call your name so that the audience will be able to recognize who you are. Roger Dickson from Anderson Salvation Army Boys' Club along with Reps. Tucker and P. Harris. Clifford Johnson, Boys' Club of Greater Beaufort, along with Rep. Harriet Keyserling. Robert L. Percell, Jr., Boys' Club of Greater Columbia with Rep. Frank McBride. Erick W. Wright, Boys' Club of Florence, and yours truly is that representative. Richard Johnson, Greenville Salvation Army Boys' Club, with Rep. Sara Shelton. Gayle McLeod, Salvation Army Boys' Club and Girls' Club of Sumter, representing the girls, thank you. We also would like to recognize the staff persons: Ronnie Jenkins, the Southeast Regional Service Director of Boys' Club of America from Atlanta, Georgia; Mr. Robert Clark, III, who is President of the South Carolina Area Council Boys' Club as well as the Greater Columbia Boys' Club; Bob Stecz, who is Executive Director of Boys' Club of Greater Columbia; Ron Ralph, State Youth of the Year Coordinator; Derrell Clark, the Executive Director in Anderson; Mr. Steven Eoute, Athletic Director in Greenville; Kathy Romines, Girls Program Coordinator in Sumter; Thomas Gibson, Physical Education Director in Beaufort; Patricia Smalls, Program Director in Florence; and Renae Knighton, Unit Director in Columbia. For the Youth of the Year, let me start with the 3rd runner-up. The 3rd runner-up in this program is Erick W. Wright from Florence Boys' Club. The 2nd runner-up is Roger Dickson of the Anderson Salvation Army Boys' Club. The 1st runner-up is Gayle McLeod of the Sumter Salvation Army Boys' and Girls' Club. The Youth of the Year is Robert L. Percell, Jr. of the Boys' Club of Greater Columbia. Ladies and gentlemen, it is our privilege to have been able to present to you these very fine young people and their club directors. Let's give them all a hand. Thank you very much."
Upon the conclusion of the presentation, the honored guests and their escort party retired from the Chamber.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 1353 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL AREAS FOR TRAWLING FOR SHRIMP AND PRAWN SO AS TO PROVIDE THAT THE AREAS DESCRIBED ARE CLOSED TO TRAWLING UNLESS THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OPENS THEM FOR SPECIFIED PERIODS BETWEEN SEPTEMBER FIRST AND DECEMBER THIRTY-FIRST OF ANY YEAR BECAUSE OF EXTRAORDINARY CONDITIONS AND IN COMPLIANCE WITH SPECIFIED CRITERIA.
Debate was resumed on Amendment No. 1 by the Committee on Agriculture and Natural Resources.
The amendment was then adopted.
Rep. PEARCE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1353 be read the third time tomorrow.
Rep. HODGES moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 4108 -- Rep. Hodges: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, SO AS TO REVISE THE DEFINITIONS PERTAINING TO THE ACT, PROVIDE WHEN LIFE SUSTAINING PROCEDURES MAY BE WITHHELD OR WITHDRAWN AND CLARIFY THE PHYSICIAN'S RESPONSIBILITIES, REVISE THE FORM AND PROCEDURES NECESSARY TO EXECUTE A VALID DECLARATION OF A DESIRE FOR A NATURAL DEATH, PROVIDE NEW REQUIREMENTS FOR REVOCATION OF A DECLARATION, PROVIDE THE CIRCUMSTANCES UNDER WHICH IMMUNITY APPLIES IN RELIANCE UPON A DECLARATION, DETAIL THE DUTIES OF A PHYSICIAN AND HEALTH CARE FACILITY IF A DECLARATION IS NOT EFFECTUATED, AND REVISE THE PENALTIES FOR NONCOMPLIANCE WITH THIS ACT.
Debate was resumed on Amendment No. 1, by the Committee on Judiciary.
The amendment was then adopted.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 4108 be read the third time tomorrow.
The following Bill was taken up.
S. 1450 -- Senators Martschink, Dennis and McLeod: A BILL TO AMEND SECTION 50-11-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING FOXES IN GAME ZONE NO. 6, SO AS TO PROVIDE FOR THE RUNNING OF FOXES WITH DOGS IN A PRIVATE ENCLOSED TRAINING FACILITY.
Rep. KOON proposed the following Amendment No. (Doc. No. 0112R), which was ruled out of order.
Amend the bill, as and if amended, adding after SECTION 1:
SECTION 2. The 1976 Code is amended by adding:
"Section 50-11-125. (A) It is unlawful to sell live wolves within the State or to ship or import live wolves into this State, except for exhibition or scientific purposes upon the approval of the department as provided by regulations promulgated by the department. A person may not have a live wolf in his possession without a permit issued by the department."
(B) It is unlawful to release a coyote into the wild, unless it is released into a fenced enclosure designed for hunting coyotes and the department issues a permit for its release. Permits may be issued only after the following evidence is submitted to the department:
(1) a notarized statement from a veterinarian licensed to practice in this State that the coyote has been neutered or spayed, tattooed, and eartagged using techniques and numbers prescribed by the department;
(2) a description of the enclosed or fenced area where the coyote is to be released;
(3) a statement from the permittee that he shall keep the coyote securely within the enclosure and that the coyote is not reasonably expected to endanger public health or safety, native wildlife, or local livestock or poultry."
SECTION 3. A person violating the provisions of Section 50-11-125 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than six months for each violation."
SECTION 4. Section 50-11-130 of the 1976 Code is repealed.
Amend title and renumber sections to conform.
Rep. KOON explained the amendment.
Rep. MOSS raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. MOSS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1169 -- Senator Waddell: A BILL TO AMEND SECTION 50-17-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISIONS MAKING IT UNLAWFUL TO TRAWL FOR SHRIMP DURING THE CLOSED SEASON NEAR CERTAIN BEACHES OF HUNTING ISLAND AND HILTON HEAD ISLAND, SO AS ALSO TO PROHIBIT TRAWLING WITHIN ONE-QUARTER MILE OF THE SHORES OF THE OCEAN BEACHES OF FRIPP ISLAND AND TO CHANGE THE REFERENCES TO THE LOCAL INSPECTOR OF THE DIVISION OF COMMERCIAL FISHERIES TO THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Rep. PEARCE explained the Bill.
S. 1432 -- Senator Doar: A BILL TO AMEND SECTIONS 46-31-30, 46-31-40, 46-31-60, 46-31-80, 46-31-100, 46-31-110, 46-31-120, 46-31-130, 46-31-140, AND 46-31-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMOTION OF FLUE-CURED TOBACCO, SO AS TO EXTEND ELIGIBILITY FOR PARTICIPATION IN REFERENDA FOR MARKETING ASSESSMENTS, TO INCREASE THE MAXIMUM ASSESSMENTS FROM TWO TO TEN DOLLARS AN ACRE OR FROM TEN TO FIFTY CENTS FOR EACH HUNDRED POUNDS, TO REDUCE FROM THIRTY DAYS TO FIFTEEN DAYS THE APPLICABLE REFERENDA NOTICE REQUIREMENT, TO PROVIDE FOR THE TIME OF THE WRITTEN REQUEST FOR REFUND OF ASSESSMENTS, AND TO INCREASE FROM THIRTY TO SIXTY DAYS THE DEADLINE FOR THE REPORT OF TOBACCO ASSOCIATES, INCORPORATED.
On motion of Rep. PEARCE, with unanimous consent, it was ordered that S. 1169 be read the third time tomorrow.
The following Bill was taken up.
S. 1445 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANGE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0111R).
Amend the bill, as and if amended, by striking SECTION 1 and inserting: Section 46-25-20(1) of the 1976 Code as last amended by an act of 1988 bearing ratification number 424, is further amended to read:
"(1) 'Board' means not over five members of the board of trustees of Clemson University who must be designated by the board or its designated agent and authorized representative, the Department of Fertilizer and Pesticide Control, Division of Regulatory and Public Service Programs, Clemson University."
Amend title to conform.
Rep. SNOW explained the amendment.
Rep. McLELLAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following was received.
Columbia, S.C., May 12, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN the invitation was accepted.
The following Bill was taken up.
S. 1335 -- Senator McLeod: A BILL TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.
Rep. PETTIGREW proposed the following Amendment No. 1.
Amend as and if amended, on page 1, line 30 after the word "election" add the following, "including presidential primary elections,"
Rep. WILKINS explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 380 -- Senators McConnell and Thomas: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11 OF ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PRESENTMENT OR INDICTMENT, SO AS TO REQUIRE PRESENTMENT OR INDICTMENT BY A GRAND JURY FOR ANY CRIME THE JURISDICTION OVER WHICH IS NOT WITHIN THE MAGISTRATE'S COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 11 of Article I of the Constitution of this State be amended to read:
"Section 11. No person shall may be held to answer for any crime where the punishment exceeds a fine of two hundred dollars or imprisonment for thirty days the jurisdiction over which is not within the magistrate's court, unless on a presentment or indictment of a grand jury of the county where the crime shall have has been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger. The General Assembly may provide for the waiver of an indictment by the accused."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 11 of Article I of this State relating to presentment or indictment be amended so as to require presentment or indictment by a grand jury for any crime the jurisdiction over which is not within the magistrate's court?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. WILKINS explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, J. Burch Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Cork Corning Derrick Elliott Faber Fair Felder Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Sturkie Taylor Townsend Tucker Wells White Wilkins
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
May 12, 1988
I was out of my desk for the vote on S. 380. Had I voted I would have voted yes.
Rep. JOHN SNOW, JR.
The following Bill was taken up.
S. 172 -- Senator Powell: A BILL TO PROVIDE THAT REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT ARE VOID ON MAY 15, 1988, UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO THAT DATE AND TO PROVIDE THAT REGULATIONS BECOMING EFFECTIVE WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY ARE VOID AFTER SINE DIE ADJOURNMENT OF THE GENERAL ASSEMBLY IN THE SECOND YEAR FOLLOWING THEIR EFFECTIVE DATE UNLESS APPROVED BY THE GENERAL ASSEMBLY PRIOR TO ADJOURNMENT.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 411 -- Senators Bryan, Lourie, Leventis, Thomas, Fielding, Waddell, Wilson, Powell, Lindsay, Pope, Patterson, Mitchell, Nell W. Smith, Long, Hayes, Horace C. Smith, Setzler, Saleeby, Land, Drummond, Dennis, McLeod, Martin and Giese: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ANNEXATION AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-300 SO AS TO AUTHORIZE AN ADDITIONAL METHOD OF ANNEXATION WHICH MAY BE INITIATED BY A PETITION OF TWENTY-FIVE PERCENT OR MORE OF THE RESIDENT FREEHOLDERS IN AN AREA CALLING FOR AN ELECTION IN A PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL COUNCIL SHALL GIVE PUBLIC NOTICE THAT IT INTENDS TO ANNEX THE AREA, PROVIDE THAT NOTICE OF THE ELECTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY, PROVIDE THAT IF A PETITION IS NOT SUBMITTED WITHIN THIRTY DAYS AFTER NOTICE IS GIVEN AN ELECTION MUST BE HELD WITHIN A MUNICIPALITY TO APPROVE THE ANNEXATION, PROVIDE THAT THE ANNEXATION IS NOT EFFECTIVE UNLESS APPROVED BY THE ELECTORS IN THE MUNICIPALITY, AND PROVIDE THAT ANY FREEHOLDER WHO OWNS TWENTY-FIVE PERCENT OR MORE OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA TO BE ANNEXED SHALL RECEIVE WRITTEN NOTICE OF THE ANNEXATION AND IF HE FILES WRITTEN OBJECTION TO THE INCLUSION OF HIS PROPERTY IN THE AREA TO BE ANNEXED HIS PROPERTY MUST BE EXCLUDED FROM THE ANNEXATION.
Rep. PETTIGREW made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1355 -- Senator Doar: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1459 -- Judiciary Committee: A BILL TO AMEND SECTIONS 15-3-340 AND 15-67-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS FOR RECOVERY OF REAL PROPERTY, SO AS TO LIMIT THE NUMBER OF ACTIONS THAT MAY BE BROUGHT, AND PROVIDE FOR AN EFFECTIVE DATE OF ONE HUNDRED EIGHTY DAYS AFTER APPROVAL BY THE GOVERNOR.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4161 -- Reps. Lockemy, Burch and J. Bradley: A BILL TO PROVIDE THAT AN INSURANCE COMPANY IS OBLIGATED TO PAY THE EXPENSES OF A RENTAL CAR UNDER ANY POLICY PROVIDING FOR THOSE EXPENSES FOLLOWING AN AUTOMOBILE ACCIDENT UNTIL THE DELIVERY OF PAYMENT IN SETTLEMENT OF THE CLAIM FOR PROPERTY DAMAGE OR TWO DAYS AFTER THE PAYMENT IS MAILED OR FOR THE MAXIMUM TIME OR AMOUNT ALLOWED UNDER THE POLICY FOR PAYMENT OF THOSE EXPENSES, WHICHEVER OCCURS FIRST.
Reps. T.M. BURRISS, HUMPHRIES, HEARN, McCAIN and KLAPMAN objected to the Bill.
The following Bill was taken up.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
Rep. WINSTEAD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3341 -- Reps. Whipper, Winstead, D. Martin, Washington and Foxworth: A BILL TO AMEND ARTICLE 1, CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS REGARDING ACCIDENT AND HEALTH INSURANCE, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE PROVIDERS OF MEDICAL SERVICES TO FILE CLAIMS WITH AN INSURER BEFORE SUBMITTING THE CLAIM TO AN INSURED AND PROVIDE FOR A PENALTY.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. T.M. BURRISS moved to adjourn debate upon the following Bill until Tuesday, May 17, which was adopted.
H. 4166 -- Reps. J. Bradley and Day: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO PROVIDE THAT FOREIGN INSURANCE COMPANIES REINSURING CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE LICENSE FEES; TO AMEND SECTION 38-7-20, RELATING TO INSURANCE PREMIUM TAXES, SO AS TO PROVIDE THAT PREMIUMS RECEIVED ON REINSURANCE BY FOREIGN INSURANCE COMPANIES ON CERTAIN INDIVIDUAL LIFE INSURANCE, ACCIDENT OR HEALTH INSURANCE, OR ANNUITY CONTRACTS ARE SUBJECT TO THESE PREMIUM TAXES; AND TO AMEND SECTION 38-25-150, RELATING TO EXEMPTIONS FROM PROVISIONS RELATING TO THE UNAUTHORIZED TRANSACTION OF INSURANCE BUSINESS; SECTION 38-63-640, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING LIFE INSURANCE POLICIES, SECTION 38-69-220, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ANNUITIES; AND SECTION 38-71-100, RELATING TO EXEMPTIONS FROM PROVISIONS REGULATING ACCIDENT AND HEALTH INSURANCE SO AS TO DELETE THE EXEMPTIONS PERTAINING TO REINSURANCE OF CERTAIN INDIVIDUAL POLICIES OR CONTRACTS.
The following Bill was taken up.
H. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".
Rep. T.M. BURRISS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1330 -- Senator Williams: A BILL TO AMEND SECTIONS 61-3-710 AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION AND VALIDATION PERIOD FOR LIQUOR LICENSES AND THE REQUIREMENT FOR A SEPARATE LICENSE FOR EACH LOCATION, AND GRANTING OF LICENSE AFTER SUSPENSION OR REVOCATION, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR LIQUOR LICENSES FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE LICENSED LOCATION IS SITUATED; TO AMEND SECTION 61-5-80, RELATING TO THE SCHEDULE FOR PAYMENT AND THE AMOUNT OF LICENSE FEES, SO AS TO CHANGE THE SCHEDULE FOR PERSONS INITIALLY APPLYING FOR A LICENSE FROM A MONTHLY PERIOD TO A QUARTERLY PERIOD; TO AMEND SECTION 61-7-80, RELATING TO REGISTRATION OF PRODUCERS OF ALCOHOLIC LIQUORS, APPLICATION, TERM AND FEE, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING APPLICATION FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-90, RELATING TO THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS, APPLICATIONS, TERM AND FEE, SO AS TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR REGISTRATION CERTIFICATES FOR BRANDS OF ALCOHOLIC LIQUORS FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-7-130, RELATING TO LICENSING OF PRODUCERS' WAREHOUSES, APPLICATIONS, TERMS AND FEES, SO AS TO CHANGE THE BEGINNING DATE FOR PRORATING FEES FROM JANUARY FIRST TO MARCH FIRST OF EACH YEAR, AND TO CHANGE THE ENDING DATE FOR THE VALIDATION PERIOD FOR WAREHOUSE LICENSES FROM JUNE THIRTIETH TO AUGUST THIRTY-FIRST OF EACH YEAR; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING TO PERMITS AND FILING FEES TO SELL BEER AND WINE, SO AS TO CHANGE THE ANNUAL EXPIRATION DATE FOR PERMITS FROM SEPTEMBER THIRTIETH TO AN ANNUAL EXPIRATION DATE ACCORDING TO THE COUNTY WHERE THE LICENSE LOCATION IS SITUATED; TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROVISIONS ON THE REGULATION OF BEER AND WINE, BY ADDING ARTICLE 2 SO AS TO TRANSFER AUTHORITY TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO PERFORM THE DUTIES AS PROVIDED TO THE TAX COMMISSION IN SECTIONS 12-21-1510 THROUGH 12-21-1590 AND 12-21-1610 RELATING TO THE REGISTRATION OF BEER AND WINE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-515 SO AS TO PROVIDE RESTRICTIONS ON THE CONTROL, OWNERSHIP, AND ISSUANCE OF LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES UPON TERMINATION, SUSPENSION, OR REVOCATION OF A LICENSE; AND TO REPEAL SECTIONS 12-21-1510 THROUGH 12-21-1530 AND 61-9-370.
Rep. McEACHIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 1458 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LIMEHOUSE made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.
Rep. L. PHILLIPS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. T. ROGERS moved that upon completion of the Ratification of Acts, the House stand adjourned.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, K. Barfield Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Burch Cooper Cork Faber Ferguson Foster Gilbert Gordon Gregory Harvin Helmly Hendricks Holt Kay Keyserling Kirsh Lewis Limehouse Mappus Martin, L. Mattos McBride McGinnis McLellan McLeod, E.B. McTeer Nesbitt Nettles Pettigrew Phillips, L. Phillips, O. Rogers, T. Rudnick Shelton Short Simpson Snow Taylor Townsend Washington Wells Wilder Williams Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Baxley Beasley Burriss, T.M. Carnell Chamblee Clyborne Cole Dangerfield Davenport Derrick Elliott Fair Felder Gentry Harris, J. Haskins Hayes Hearn Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Klapman Koon Lockemy Martin, D. McAbee McCain McEachin Moss Neilson Pearce Petty Rogers, J. Sharpe Sheheen Stoddard Sturkie Tucker White Wilkins
So, the motion was agreed to.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1147 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.
The following Bill was taken up.
H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.
Rep. McTEER moved to recommit the Bill to the Committee on Judiciary.
Rep. T.M. BURRISS inquired whether it was proper to recommit a Bill which has been set for Special Order.
The SPEAKER, citing Rule 4.4, replied that it was proper for the Bill to be recommitted.
Rep. FAIR moved to table the motion to recommit.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Baker Barfield Beasley Blackwell Boan Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Elliott Faber Fair Ferguson Gentry Hayes Hearn Helmly Huff Humphries Johnson, J.C. Johnson, J.W. Kay Klapman Koon Lockemy Mappus Martin, D. Mattos McAbee McCain McEachin McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Pettigrew Petty Phillips, O. Rice Sharpe Simpson Snow Sturkie Tucker Wells Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Gilbert Gordon Holt Keyserling Lewis McTeer Rogers, T. Rudnick
So, the motion to table was agreed to.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 4589Y).
Amend the bill, as and if amended, Section 44-41-31(4), as contained in SECTION 3, by striking it and inserting:
/(4) the minor elects to petition the circuit court and has an order granting consent to the abortion and the attending physician or his agent has received the informed written consent signed by the minor and the order of the court. The procedure for this relief is the same as provided in Section 44-41-33./
Amend further, Section 44-41-32(1), as contained in SECTION 3, by striking it and inserting:
/(1) The minor may prepare and file a petition setting forth the request of the minor for an order of consent to an abortion./
Amend further, Section 44-41-32(2), as contained in SECTION 3, by striking it and inserting:
/(2) The court shall insure that the minor is given assistance in preparing and filing the petition and shall insure that the minor's identity is kept anonymous./
Amend title to conform.
Rep. HAYES explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. HAYES having the floor.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R585) S. 1264 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 850, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R586) S. 1312 -- Finance Committee: AN ACT TO AMEND SECTION 6-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO INVEST MONEY IN REPURCHASE AGREEMENTS WHEN COLLATERALIZED BY SECURITIES AS SET FORTH IN THIS SECTION.
(R587) S. 683 -- Senators Lourie, Courson, Giese and Patterson: AN ACT TO PROVIDE THAT THE GOVERNING BODY OF ANY RECREATION DISTRICT THAT HAS AUTHORITY TO ISSUE REVENUE BONDS IS AUTHORIZED TO ISSUE ADDITIONAL REVENUE BONDS UNDER CERTAIN CONDITIONS.
(R588) S. 624 -- Senator Saleeby: AN ACT TO AMEND SECTIONS 4-5-170 THROUGH 4-5-200 AND SECTION 4-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE BOUNDARIES OF A COUNTY, SO AS TO PROVIDE THAT WHERE THE AREA PROPOSED TO BE ANNEXED TO A COUNTY IS LESS THAN FIFTY ACRES AND IS OWNED BY TEN OR FEWER FREEHOLDERS AND UPON COMPLIANCE WITH THE PROVISIONS OF SECTIONS 4-5-120 THROUGH 4-5-160 THE GOVERNOR SHALL ORDER THE COUNTY BOARD OF ELECTIONS IN THE COUNTY IN WHICH THE AREA PROPOSED TO BE ANNEXED IS LOCATED TO CANVASS THE QUALIFIED ELECTORS RESIDING IN THE AREA AS TO WHETHER THE AREA PROPOSED TO BE ANNEXED SHOULD BE TRANSFERRED TO THE ANNEXING COUNTY AND TO PROVIDE A PROCEDURE FOR THIS CANVASSING PROCESS; AND TO MAKE CORRESPONDING AMENDMENTS TO THOSE CODE SECTIONS AFFECTED BY THIS CANVASSING PROCEDURE.
(R589) S. 982 -- Senator Powell: AN ACT TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OF CHURCHES EXTENDING BEYOND THE BUILDINGS AND PREMISES ACTUALLY OCCUPIED BY THE CHURCHES IF NO OPERATION ON THE REAL PROPERTY BENEFITS ANY PRIVATE STOCKHOLDER OR INDIVIDUAL AND IF NO INCOME PRODUCING VENTURES ARE LOCATED ON THE PROPERTY.
(R590) S. 1381 -- Education Committee: AN ACT TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT NO STUDENT WHO SCORES AT OR ABOVE BASIC SKILLS ASSESSMENT PROGRAM STANDARD IS ELIGIBLE FOR EITHER COMPENSATORY OR REMEDIAL FUNDING.
(R591) S. 1382 -- Education Committee: AN ACT TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR AND EVALUATION AND TRAINING OF SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN EVALUATION ONCE EVERY THREE YEARS INSTEAD OF ONCE EVERY FOUR YEARS, DELETE THE REFERENCE TO ANNUAL EVALUATIONS, PROVIDE THAT A SATISFACTORY RATING ON AN EVALUATION IS NOT SUFFICIENT FOR REEMPLOYMENT, PROVIDE FOR TRAINING CONDUCTED BY THE DEPARTMENT OF EDUCATION'S LEADERSHIP ACADEMY TO BE PROVIDED AT NO COST TO THE SCHOOL DISTRICTS, AND FOR EVALUATION AND VALIDATION ONE YEAR AFTER A TRAINING PROGRAM IS COMPLETED.
(R592) S. 988 -- Senators Courson and Setzler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 8, SO AS TO PROVIDE FOR A STATE EMPLOYEE LEAVE-TRANSFER PROGRAM UNDER WHICH THE SICK OR ANNUAL LEAVE, OR BOTH, OF AN EMPLOYEE MAY BE TRANSFERRED FOR USE BY ANOTHER EMPLOYEE IN THE CASE OF A PERSONAL EMERGENCY; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO REDEFINE "IMMEDIATE FAMILY".
(R593) S. 1140 -- Senators Holland, Matthews, Wilson and Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.
(R594) S. 1371 -- Senator Nell W. Smith: AN ACT TO AMEND SECTION 58-23-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR INSURANCE OR DENIAL OF MOTOR VEHICLE COMMON CARRIER CERTIFICATES, SO AS TO PROVIDE THAT IF AN APPLICATION IS DENIED, ANOTHER APPLICATION MAY NOT BE MADE UNTIL AT LEAST SIX MONTHS HAS ELAPSED SINCE THE DATE OF DENIAL; AND TO AMEND SECTION 58-23-910, RELATING TO INSURANCE OR BONDING REQUIREMENTS IN ORDER FOR MOTOR VEHICLE CARRIERS TO BE ISSUED A CERTIFICATE, SO AS TO PERMIT A CARRIER TO FURNISH THE PUBLIC SERVICE COMMISSION WITH A CERTIFICATE OF SELF-INSURANCE FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.
(R595) S. 1122 -- Senator Drummond: AN ACT TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO RIMFIRE AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.
(R596) S. 1287 -- Senators Bryan, J. Verne Smith, Thomas, Stilwell and Mitchell: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND ADOLESCENTS" AND ADD THOSE FACILITIES TO THE FACILITIES INCLUDED IN THE DEFINITION OF "HOSPITAL" AND TO DEFINE "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT".
(R597) S. 1066 -- Senators Drummond, Patterson, Williams and Leventis: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS; TO AMEND SECTIONS 40-38-70, 40-38-120, 40-38-130, AND 40-38-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANRY, SO AS TO REDEFINE UNLAWFUL PRACTICES, TO REDUCE THE REQUIRED APPRENTICESHIP PERIOD FROM THREE YEARS TO ONE YEAR, TO EXEMPT PERSONS SURFACE GRINDING OPTICAL DEVICES WHO WORK IN WHOLESALE LABORATORIES FROM LICENSING REQUIREMENTS, TO DELETE REFERENCES TO EXAMINATION FOR SURFACE GRINDING, TO AUTHORIZE EXAMINATIONS ON DISPENSING, AND TO PROVIDE THAT THIRD-PARTY SOLICITATION WHICH IS UNTRUTHFUL, DECEPTIVE, AND COERCIVE IS A GROUND FOR LICENSE REVOCATION, SUSPENSION, OR RESTRICTION, AND TO AUTHORIZE THIRD-PARTY SOLICITATION WHICH DOES NOT INVOLVE UNINVITED, IN-PERSON SOLICITATION OF PERSONS WHO MAY BE VULNERABLE TO UNDUE INFLUENCES.
(R598) S. 1363 -- Judiciary Committee: AN ACT TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 29 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH PEN REGISTERS AND TRAP AND TRACE DEVICES MAY BE INSTALLED ON TELEPHONE LINES OR OTHER WIRE OR ELECTRONIC COMMUNICATION DEVICES, AND TO PROVIDE PENALTIES UPON CERTAIN VIOLATIONS.
(R599) S. 756 -- Senators Drummond and Thomas: AN ACT TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROHIBIT THE SUSPENSION OF FINES IMPOSED UPON CONVICTION AND TO REQUIRE PERSONS CONVICTED TO PAY, IN ADDITION TO ANY FINE, A FEE OF TWENTY-FIVE DOLLARS, TO PROVIDE THAT THE REVENUE DERIVED FROM THE FEE MUST BE CREDITED TO THE COUNTY GENERAL FUND FOR USE IN SUPERVISING PERSONS PERFORMING PUBLIC SERVICE FOLLOWING CONVICTION FOR LITTERING, AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE PRISONERS NOT ENGAGED IN USEFUL PRISON OCCUPATION FOR COUNTY AND MUNICIPAL LITTER CONTROL PROJECTS.
(R600) S. 1011 -- Senator Hayes: AN ACT TO AMEND SECTION 15-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE BY PUBLICATION, SO AS TO PERMIT SERVICE BY PUBLICATION WHEN THE DEFENDANT IS A RESIDENT OF THIS STATE AND AFTER DILIGENT SEARCH CANNOT BE FOUND.
(R601) S. 1326 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE BOARD AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R602) S. 1460 -- Senator Bryan: AN ACT TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR LAURENS COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF LAURENS COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(R603) S. 704 -- Senators Lourie, Land, Wilson, Long, Lee, Branton, McConnell, Lindsay, Thomas, Leatherman and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-185 SO AS TO PROVIDE THAT ANY PERSON WHILE OPERATING A MOTOR VEHICLE UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT SHALL HAVE THE REMOVAL OF THE RESTRICTIONS POSTPONED FOR A CERTAIN PERIOD DURING WHICH THE LICENSEE MUST BE FREE OF ANY TRAFFIC CONVICTIONS; TO AMEND SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO CHANGE THE MONETARY PENALTY FOR A FIRST OFFENSE FROM A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN FIFTY DOLLARS TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS, TO PROVIDE THAT FOR A SECOND OFFENSE THE PENALTY IS A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR FORTY-FIVE DAYS, OR BOTH, AND TO PROVIDE THAT FOR A THIRD AND SUBSEQUENT OFFENSE THE PENALTY IS IMPRISONMENT FOR NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN SIX MONTHS; TO AMEND SECTION 56-1-1030, RELATING TO THE REQUIREMENT THAT CONVICTION RECORDS OF HABITUAL OFFENDERS BE SUBMITTED TO THE SOLICITOR OR ATTORNEY GENERAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN ANY PERSON IS CONVICTED OF ONE OR MORE CERTAIN OFFENSES LISTED IN SECTION 56-1-1020, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL REVIEW ITS RECORDS FOR THAT PERSON, WITH POSSIBLE INSTITUTION OF AGENCY PROCEEDINGS, TO REVOKE OR SUSPEND THE PERSON'S DRIVER'S LICENSE; TO AMEND SECTION 56-1-1090, RELATING TO THE PROVISION THAT HABITUAL OFFENDERS MAY NOT BE ISSUED A DRIVER'S LICENSE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE PERIOD OF NONISSUANCE FOR AN HABITUAL OFFENDER AND PROHIBITION TO OPERATE A MOTOR VEHICLE IN THIS STATE FOR A NONRESIDENT HABITUAL OFFENDER IS FOR A PERIOD OF FIVE YEARS FROM THE DATE OF A FINAL DECISION BY THE DEPARTMENT THAT A PERSON IS AN HABITUAL OFFENDER AND IF UPON APPEAL THE FINDING IS SUSTAINED BY A COURT, RATHER THAN FOR FIVE YEARS FROM THE DATE OF THE ORDER OF THE COURT FINDING THE PERSON TO BE AN HABITUAL OFFENDER, AND TO TRANSFER CERTAIN DUTIES AND POWERS FROM THE COURT TO THE DEPARTMENT; TO AMEND SECTION 56-1-1100, RELATING TO HABITUAL OFFENDERS AND PENALTIES, SO AS TO, AMONG OTHER THINGS, TRANSFER CERTAIN DUTIES AND POWERS FROM THE COURT TO THE DEPARTMENT, AND TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM AND THE SCHEDULE OF POINTS FOR VIOLATIONS, SO AS TO MAKE CERTAIN CHANGES WITH RESPECT TO THE VIOLATION OF DRIVING TOO FAST FOR CONDITIONS OR SPEEDING, AND TO ADD THE VIOLATION OF IMPROPER BACKING; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO GENERAL RULES AS TO MAXIMUM SPEED LIMITS, SO AS TO, AMONG OTHER THINGS, CHANGE THE VARIOUS PENALTIES IMPOSED, PROVIDE THAT FIVE DOLLARS OF CERTAIN FINES LISTED IN THIS SECTION MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND PROVIDE THAT, IN EXPENDING THE FUNDS CREDITED TO THE STATE HIGHWAY FUND UNDER PART OF THIS SECTION, THE DEPARTMENT FIRST SHALL CONSIDER THE NEED FOR ADDITIONAL HIGHWAY PATROLMEN; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DUI, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS FOR A SECOND OFFENSE, RATHER THAN A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS, PROVIDE THAT THIS FINE MAY NOT BE SUSPENDED IN AN AMOUNT LESS THAN ONE THOUSAND DOLLARS AND OF THAT AMOUNT TWO HUNDRED FIFTY DOLLARS MUST BE REMITTED TO THE VICTIM'S COMPENSATION FUND, CHANGE THE FINE FOR A THIRD OFFENSE, PROVIDE FOR A PENALTY OF IMPRISONMENT FOR NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS FOR A FOURTH OR SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY THOSE OFFENSES WHICH OCCURRED WITHIN A PERIOD OF TEN, RATHER THAN FIVE, YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL CONSTITUTE PRIOR OFFENSES WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-5-4100, RELATING TO SPILLING LOADS ON HIGHWAYS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT TRUCKS, TRAILERS, OR OTHER VEHICLES, WHEN LOADED WITH CERTAIN ITEMS WHICH COULD BLOW, LEAK, SIFT, OR DROP, MUST NOT BE DRIVEN OR MOVED ON ANY HIGHWAY EXCEPT UNDER CERTAIN CONDITIONS, THAT THE LOADER OF THE VEHICLE AND THE DRIVER SHALL SWEEP OR OTHERWISE REMOVE ANY LOOSE GRAVEL OR SIMILAR MATERIAL FROM THE RUNNING BOARDS, FENDERS, BUMPERS, OR OTHER SIMILAR EXTERIOR PORTIONS OF THE VEHICLE BEFORE IT IS MOVED ON A PUBLIC HIGHWAY, AND THAT ANY PERSON WHO VIOLATES CERTAIN PROVISIONS OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE FINED ONE HUNDRED DOLLARS; TO AMEND SECTION 56-5-4450, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EVERY VEHICLE UPON A STREET OR HIGHWAY, RATHER THAN JUST A HIGHWAY, SHALL DISPLAY LIGHTED LAMPS AND ILLUMINATING DEVICES, EXCLUDING PARKING LIGHTS, FROM A HALF HOUR AFTER SUNSET TO A HALF HOUR BEFORE SUNRISE AND AT ANY OTHER TIME WHEN WINDSHIELD WIPERS ARE IN USE AS A RESULT OF RAIN, SLEET, OR SNOW OR WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY REDUCE THE ABILITY TO CLEARLY DISCERN PERSONS AND VEHICLES, THAT A WARNING TICKET MAY BE ISSUED UNDER CERTAIN CIRCUMSTANCES, AND THAT A VIOLATION OF THIS SECTION IS A MISDEMEANOR CARRYING A FINE UP TO TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-5-5015, RELATING TO THE REQUIREMENT THAT GLASS ON MOTOR VEHICLES IS TO BE TRANSPARENT FROM BOTH SIDES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO PERSON MAY OPERATE A MOTOR VEHICLE THAT IS REQUIRED TO BE REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY, ROAD, OR STREET THAT HAS A SUNSCREEN DEVICE ON THE WINDSHIELD, THE FRONT SIDE WINGS, AND SIDE WINDOWS ADJACENT TO THE RIGHT AND LEFT OF THE DRIVER AND WINDOWS TO THE REAR OF THE DRIVER THAT DO NOT MEET THE REQUIREMENTS OF THIS SECTION, AND TO MAKE IT A MISDEMEANOR OFFENSE TO VIOLATE THE PROVISIONS OF THIS SECTION AND PROVIDE PENALTIES; TO PROVIDE THAT SECTION 56-5-5015 APPLIES TO ALL VEHICLES MANUFACTURED AFTER THE EFFECTIVE DATE OF THIS ACT AND THAT SECTION 56-5-5015 APPLIES TO ALL OTHER VEHICLES THREE YEARS FROM THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 56-5-750, RELATING TO FAILURE TO STOP MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY MOTORIST WHO WILFULLY FAILS TO STOP WHEN SIGNALED BY LAW ENFORCEMENT OFFICER SHALL HAVE HIS LICENSE SUSPENDED FOR AT LEAST THIRTY DAYS; TO AMEND SECTION 59-67-420, RELATING TO THE EXTENT OF TRANSPORTATION TO BE PROVIDED FOR STUDENTS TO OR FROM SCHOOL, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT, IN ITS APPLICATION, A LOCAL SCHOOL DISTRICT SHALL ASSIGN PRIORITY TO ITS REQUESTS FOR TRANSPORTATION ON THE BASIS OF CHILDREN'S AGES, WITH THE YOUNGEST CHILDREN SUBJECT TO HAZARDOUS CONDITIONS RECEIVING THE HIGHEST PRIORITIES; TO AMEND SECTION 56-5-6410, RELATING TO AGE AS THE BASIS FOR THE REQUIRED USE OF RESTRAINING SYSTEM, SO AS TO CHANGE THE AGE BASIS, AND TO PROVIDE THAT ANY CHILD FOUR UNTIL SIX YEARS OF AGE WHEN TRANSPORTED IN THE FRONT SEAT MUST BE SECURED BY A SAFETY BELT PROVIDED IN THE MOTOR VEHICLE; TO AMEND SECTION 56-5-6420, RELATING TO TRANSPORTATION OF CHILDREN WITH INSUFFICIENT NUMBER OF RESTRAINT DEVICES, SO AS TO PROVIDE THAT IF ALL THE SEATING POSITIONS WITH RESTRAINT DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS, RATHER THAN AGE THREE AND UNDER, A CHILD MAY BE TRANSPORTED AND DRIVER IS NOT IN VIOLATION OF THE LAW BUT THAT PRIORITY MUST BE GIVEN TO CHILDREN UNDER THE AGE OF SIX YEARS, RATHER THAN AGE THREE AND UNDER, ACCORDING TO THEIR AGES; TO AMEND SECTION 56-5-6430, RELATING TO THE PROVISIONS THAT THE USE OF A VEHICLE RESTRAINT DEVICE IS NOT REQUIRED UNDER CERTAIN CIRCUMSTaNCES, SO AS TO PROVIDE THAT ALTERNATE RESTRAINT PROTECTION, SUCH AS SAFETY BELTS, RATHER THAN "THE VEHICLE SAFETY BELT", MUST BE UTILIZED IF POSSIBLE UNDER CERTAIN CIRCUMSTANCES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6445 SO AS TO PROVIDE THAT THE PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56 ("CHILD PASSENGER RESTRAINT SYSTEM") APPLY TO ALL MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; TO AMEND SECTION 56-9-340, RELATING TO SURRENDER OF DRIVER'S LICENSE AND VEHICLE REGISTRATION AND FAILURE TO SURRENDER, SO AS TO CHANGE THE PENALTY FOR WILFULLY FAILING TO RETURN A LICENSE OR REGISTRATION AS REQUIRED IN THIS SECTION, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON LOSS OF INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER, SUSPENSION OF REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR WILFULLY FAILING TO RETURN MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES AS REQUIRED IN THIS SECTION, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-10-260, RELATING TO FALSE CERTIFICATE OR FALSE EVIDENCE OF MOTOR VEHICLE INSURANCE AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR KNOWINGLY MAKING A FALSE CERTIFICATE AS TO WHETHER A MOTOR VEHICLE IS AN INSURED MOTOR VEHICLE OR PRESENTING TO THE DEPARTMENT FALSE EVIDENCE THAT ANY MOTOR VEHICLE SOUGHT TO BE REGISTERED IS INSURED, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR KNOWINGLY OPERATING AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE OR KNOWINGLY ALLOWING THE OPERATION OF AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION, AND PROVIDE THAT ANY PERSON WHOSE LICENSE PLATES AND REGISTRATION CERTIFICATES WHICH ARE SUSPENDED UNDER THIS SECTION, WHICH ARE NOT SUSPENDED FOR ANY OTHER REASON, MAY HAVE THEM IMMEDIATELY RESTORED IF HE FILES PROOF OF FINANCIAL RESPONSIBILITY WITH THE DEPARTMENT; TO AMEND SECTION 56-10-250, RELATING TO THE PROVISION MAKING IT UNLAWFUL TO SELL A MOTOR VEHICLE WITH SUSPENDED REGISTRATION AND LICENSE PLATES TO A FAMILY MEMBER, SO AS TO CHANGE THE PENALTY FOR A VEHICLE OWNER SELLING OR OTHERWISE DISPOSING OF ANY MOTOR VEHICLE FOR WHICH THE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED TO ANY MEMBER OF HIS FAMILY RESIDING IN THE SAME HOUSEHOLD, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2775 SO AS TO PROVIDE THAT THE DRIVER OF ANY VEHICLE VIOLATING CERTAIN PROVISIONS OF SECTION 56-5-2770 IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6240 SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE FORFEITURE AND CONFISCATION OF A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS AND THE DISBURSEMENT AND USE OF THE PROCEEDS FOLLOWING THE SALE OF SUCH A VEHICLE; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6250 SO AS TO PROVIDE THAT WHEN AN ARREST IS MADE UNDER THE PROVISIONS OF CHAPTER 5 OF TITLE 56, THE ARRESTING OFFICER MUST MAKE EVERY EFFORT TO DETERMINE PRIOR CONVICTIONS UNDER THE CHAPTER, AND PROVIDE THAT IN NO INSTANCE IS SENTENCE TO BE IMPOSED ON A DEFENDANT UNTIL THE COURT IS SATISFIED PRIOR CONVICTIONS ARE PROPERLY CONSIDERED AS A PART OF THE SENTENCE; TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE LICENSE OF A CONVICTED DRIVER, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT ONLY THOSE VIOLATIONS WHICH OCCURRED WITHIN TEN YEARS, RATHER THAN FIVE YEARS, INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR VIOLATIONS WITHIN THE MEANING OF THIS SECTION, PROVIDE THAT ANY PERSON WHOSE LICENSE IS REVOKED FOLLOWING CONVICTION FOR A FIFTH OFFENSE AS PROVIDED IN THIS SECTION IS FOREVER BARRED FROM BEING ISSUED ANY LICENSE BY THE DEPARTMENT TO OPERATE A MOTOR VEHICLE, AND DELETE CERTAIN PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-135 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY PERSON DESIGNATED TO DRIVE A MOTOR VEHICLE WHOSE PRIMARY PURPOSE IS THE EXTINGUISHMENT OF A FIRE, INCLUDING VOLUNTEER FIREMEN, MAY HAVE A SPECIAL ENDORSEMENT AFFIXED TO HIS DRIVER'S LICENSE WHICH AUTHORIZES HIM TO DRIVE THE MOTOR VEHICLE, THAT EVERY POLITICAL SUBDIVISION EMPLOYING LAW ENFORCEMENT OFFICERS MUST DESIGNATE ONE OFFICER AS ITS SAFETY OFFICER, AND THAT THE AGENCY OR DEPARTMENT WHO OPERATES THE MOTOR VEHICLE SHALL KEEP THE LIST OF DESIGNATED DRIVERS CURRENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-365 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY PERSON WHO FORFEITS BAIL POSTED FOR, IS CONVICTED OF, OR PLEADS GUILTY OR NOLO CONTENDERE IN GENERAL SESSIONS, MUNICIPAL, OR MAGISTRATE'S COURT TO AN OFFENSE WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER IMMEDIATELY OR CAUSE TO BE SURRENDERED HIS DRIVER'S LICENSE TO THE CLERK OF COURT OR MAGISTRATE UPON THE VERDICT OR PLEA, PROVIDE FOR A FINE UPON THE DEFENDANT IF HE FAILS TO SURRENDER HIS LICENSE TO THE CLERK OR MAGISTRATE IMMEDIATELY AFTER CONVICTION, PROVIDE THAT ANY CLERK OR MAGISTRATE WHO WILFULLY FAILS OR NEGLECTS TO FORWARD THE DRIVER'S LICENSE AND TICKET AS REQUIRED IS LIABLE TO INDICTMENT AND, UPON CONVICTION, A FINE, AND PROVIDE THAT THE CERTIFICATE ISSUED UNDER THIS SECTION MUST BE KEPT IN THE DEFENDANT'S POSSESSION WHILE OPERATING A MOTOR VEHICLE DURING THE SIXTY-DAY PERIOD AND THAT FAILURE TO HAVE IT IN HIS POSSESSION IS PUNISHABLE IN THE SAME MANNER AS FAILURE TO HAVE A DRIVER'S LICENSE IN POSSESSION WHILE OPERATING A MOTOR VEHICLE; TO AMEND SECTION 56-1-1320, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS; AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080 RELATING TO VARIOUS PROVISIONS PERTAINING TO HABITUAL OFFENDERS UNDER THE DRIVER'S LICENSE LAW.
(R604) S. 1439 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO OBTAINING AND HANDLING BLOOD AND URINE SAMPLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R605) S 1073 -- Senator Pope: AN ACT TO AMEND SECTION 34-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OWNERSHIP OF CERTAIN SHARES OF STOCK AS A CONDITION OF ELIGIBILITY FOR ELECTION AS A BANK DIRECTOR, SO AS TO FURTHER PROVIDE FOR THE STOCK WHICH MUST BE OWNED.
(R606) S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: AN ACT TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS AND TO AMEND SECTION 40-67-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO PROVIDE THAT WHENEVER THE TERM SPEECH PATHOLOGIST OR OTHER SIMILAR DERIVATION OF THE TERM IS USED IN CHAPTER 67 OF TITLE 40 IT MEANS SPEECH/LANGUAGE PATHOLOGIST.
(R607) S. 434 -- Education Committee: AN ACT TO AMEND SECTION 59-5-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977; AND TO AMEND SECTION 59-20-60, RELATING TO THE PRIORITY OF FUNDS ALLOCATED UNDER THE ACT, AUDITS, REPORTS, AND THE EDUCATION FINANCE REVIEW COMMITTEE, SO AS TO PROVIDE FOR THE STATEWIDE TESTING PROGRAM TO INCLUDE NATIONALLY NORMED ACHIEVEMENT TESTS.
(R608) S. 1288 -- Senator Doar: AN ACT 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, TO INCREASE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE OF PORT ROYAL TO INCLUDE CALIBOGUE SOUND AND THE SOUTH CAROLINA SIDE OF THE SAVANNAH RIVER, TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN; TO AMEND THE 1976 CODE BY ADDING SECTIONS 54-15-350 AND 54-15-360 SO AS TO LIMIT A LICENSED SHIP'S PILOT'S LIABILITY TO FIVE THOUSAND DOLLARS EXCEPT FOR WILFULLNESS OR RECKLESSNESS AND TO PROVIDE THAT A PILOT'S LIABILITY DOES NOT EXEMPT THE VESSEL'S OWNER AND OPERATOR FROM LIABILITY FOR THE DAMAGES CAUSED BY THE PILOT WHILE ABOARD THE VESSEL.
(R609) S. 1150 -- Senator Lindsay: AN ACT TO AMEND SECTION 58-9-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT SCHEDULES MUST BE ADHERED TO, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT LOCAL EXCHANGE COMPANY CENTREX-TYPE SERVICES OR BILLING AND COLLECTION SERVICES, OR BOTH, MAY BE OFFERED TO SUBSCRIBERS WITHOUT THE SCHEDULES RELATED THERETO BEING FILED AS PROVIDED ELSEWHERE IN THIS SECTION IF THE PUBLIC SERVICE COMMISSION MAKES A CERTAIN DETERMINATION, PROVIDE THAT THE COMMISSION SHALL RETAIN REGULATORY AUTHORITY OVER THE RATES, REVENUES, INVESTMENTS, EXPENSES, AND QUALITY OF THE SERVICES SO OFFERED, PROVIDE FOR THE CHARGES FOR SERVICES OFFERED BY THE UTILITY, PROVIDE THAT UPON REQUEST OF THE DEPARTMENT OF CONSUMER AFFAIRS THE UTILITY SHALL MAKE AVAILABLE TO THE CONSUMER ADVOCATE CERTAIN COST DATA, PROVIDE THAT THE COST DATA IS NOT SUBJECT TO DISCLOSURE TO THE PUBLIC, PROVIDE THAT UPON APPLICATION OF ANY INTERESTED PARTY AND FOR GOOD CAUSE SHOWN, THE COMMISSION MAY DIRECT THE MANNER IN WHICH THE PROPRIETARY COST DATA PROVIDED TO THE COMMISSION AND THE CONSUMER ADVOCATE MAY BE MADE AVAILABLE TO THE INTERESTED PARTY, AND PROVIDE THAT WHEN A LOCAL EXCHANGE COMPANY PROPOSES TO OFFER A SERVICE PURSUANT TO CERTAIN PROVISIONS OF THIS SECTION, THE COMMISSION SHALL MAKE CERTAIN DETERMINATIONS OR DECISIONS.
(R610) H. 3696 -- Reps. Helmly and Carnell: A JOINT RESOLUTION TO AMEND SECTION 40, PART I, ACT 170 OF 1987 (THE GENERAL APPROPRIATIONS ACT), RELATING TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO DELETE THE PROVISO THAT ONE MILLION DOLLARS OF THE ADDITIONAL GENERAL FUNDS APPROPRIATED FOR NURSING HOME PROVIDERS AND MATCHING FEDERAL FUNDS MUST BE EXPENDED ON NURSING HOME SERVICE RENDERED IN CERTAIN BEDS AND FACILITIES; AND TO PROVIDE THAT FUNDS BECOMING AVAILABLE AS A RESULT OF THE DELETION OF THE PROVISO MUST BE USED TO PROVIDE MEDICAID SERVICES TO NURSING HOME ELIGIBLE CLIENTS IN THE COMMUNITY LONG TERM CARE PROGRAM FOR FISCAL YEAR 1987-88.
(R611) H. 3703 -- Rep. R. Brown: AN ACT TO AMEND SECTION 31-13-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTES AND BONDS ISSUED BY THE STATE HOUSING AUTHORITY, SO AS TO MODIFY THE REQUIREMENTS FOR THE ISSUANCE OF NOTES AND BONDS TO OBTAIN FUNDS TO MAKE PERMANENT MORTGAGE LOANS; TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO PROVIDE THAT IF ANY JOINT BOND REVIEW COMMITTEE PARTICIPATION UNDER THE ACT IS UNCONSTITUTIONAL THE RESIDUE OF THE ACT IS CAPABLE OF BEING EXECUTED WITHOUT THE UNCONSTITUTIONAL PROVISION AND TO DIRECT THE CODE COMMISSIONER TO CHANGE CODE REFERENCES TO THE "SOUTH CAROLINA STATE HOUSING AUTHORITY" TO THE "SOUTH CAROLINA STATE HOUSING FINANCE, AND DEVELOPMENT AUTHORITY".
(R612) H. 4070 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE RELATING TO AUTOMOBILE INSURANCE CREDIT AND DISCOUNT PLANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 939, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R613) H. 4029 -- Rep. J.W. McLeod: AN ACT 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, A MOTOR VEHICLE REPORT ISSUED WITHIN SIXTY DAYS OF THE DATE OF THE BINDER AND THE FULL, PROPER PREMIUM, OR, IN THE CASE OF AN APPLICANT HAVING A DRIVER'S LICENSE FROM ANOTHER STATE BUT NOT YET LICENSED IN THIS STATE, A COPY OF HIS LICENSE.
(R614) H. 4140 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS WANDO RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R615) H. 3651 -- Reps. M.D. Burriss, L. Phillips, T.M. Burriss and Hearn: AN ACT TO AMEND SECTION 57-1-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR EXPENSES PAID FOR THE DEDICATION OF ROADS OR BRIDGES NAMED IN HONOR OF AN INDIVIDUAL BY ACT OF THE GENERAL ASSEMBLY, SO AS TO EXPAND THE PROVISIONS OF THE SECTION TO INCLUDE OTHER HIGHWAY FACILITIES, TO PROVIDE THAT THE REIMBURSEMENT MUST BE FOR EXPENSES INCURRED AND MUST COME FROM THE "C" FUNDS OF THE COUNTY WHEREIN THE ROAD OR FACILITY IS LOCATED RATHER THAN FROM THE STATE HIGHWAY FUND, TO REVISE THE MANNER IN WHICH REIMBURSEMENT FOR THESE EXPENSES IS APPROVED, TO LIMIT THE AMOUNT OF THESE EXPENSES, AND TO PROVIDE FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE DEPARTMENT TO NAME AND DEDICATE A HIGHWAY FACILITY PURSUANT TO A REQUEST FROM OTHER THAN THE GENERAL ASSEMBLY.
(R616) H. 4101 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTIONS 40-47-140, 40-47-600, AND 40-47-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS, SO AS TO CHANGE CERTIFICATION AND LICENSING REQUIREMENTS OF PHYSICIANS AND CERTIFICATION REQUIREMENTS OF RESPIRATORY CARE PRACTITIONERS; 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.
(R617) 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.
(R618) H. 3782 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO WHOLESALE DRUG DISTRIBUTION AND MANUFACTURERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R619) H. 3585 -- Rep. J. Bradley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT THE OPERATION OF VEHICLES ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA EXCEPT AS PERMITTED BY STATUTE.
(R620) H. 3455 -- Rep. McEachin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-125 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL LIVE WOLVES OR COYOTES WITHIN THE STATE OR TO SHIP OR IMPORT LIVE WOLVES OR COYOTES INTO THIS STATE, EXCEPT FOR EXHIBITION OR SCIENTIFIC PURPOSES UPON THE APPROVAL OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, AND TO PROVIDE THAT A PERSON MAY NOT HAVE A LIVE WOLF OR COYOTE IN HIS POSSESSION WITHOUT A PERMIT ISSUED BY THE DEPARTMENT.
(R621) H. 3963 -- Reps. J.W. McLeod and R. Brown: AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REQUIRE REGISTRATION OF MORTGAGE LOAN BROKERS.
(R622) H. 2148 -- Rep. Harvin: AN ACT TO PROVIDE FOR A PRISONER OF WAR COMMISSION ATTACHED TO THE DEPARTMENT OF VETERANS' AFFAIRS FOR LOGISTICS AND STAFF ONLY AND PROVIDE FOR ITS FUNCTIONS AND DUTIES.
(R623) H. 3068 -- Rep. Hayes: AN ACT TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING AND CUSTODY HEARING THEREON MUST BE HELD, TO ALLOW CUSTODY OF THE CHILD TO BE RETURNED TO THE PARENTS OR GUARDIANS BEFORE THE PRETRIAL HEARING UNDER CERTAIN CONDITIONS, TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO SUBMIT CERTAIN AFFIDAVITS AND TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO WHETHER THERE EXISTED PROBABLE CAUSE TO EFFECT EMERGENCY REMOVAL, AND TO DELETE PROVISIONS REQUIRING THE CHILD TO REMAIN IN THE PLACEMENT MADE BY THE AGENCY DURING THE PENDENCY OF THE REMOVAL PROCEEDING.
(R624) H. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: AN ACT TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES CONTROL AND THE CONFINEMENT, EXAMINATION, OR DESTRUCTION OF A BITING OR ATTACKING ANIMAL, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE THAT THE REMOVAL OF THE HEAD OF AN ANIMAL SUSPECTED OF HAVING RABIES MUST BE PERFORMED BY A LICENSED VETERINARIAN BUT THAT THE COUNTY HEALTH DEPARTMENT SHALL PROVIDE FOR THE REMOVAL OF THE HEAD IF THERE IS NO VETERINARIAN PRACTICING WITHIN THE COUNTY WHERE THE SUSPECTED ANIMAL IS LOCATED OR IF NO VETERINARIAN LOCATED WITHIN THE COUNTY WILL REMOVE THE HEAD.
(R625) H. 4104 -- Reps. Blanding, E.B. McLeod, McElveen and Baxley: AN ACT TO TRANSFER CERTAIN PARCELS OF LAND IN SUMTER COUNTY FROM SCHOOL DISTRICT NO. 17 TO SCHOOL DISTRICT NO. 2 AND TO PROVIDE THAT THESE PARCELS FOR SCHOOL MILLAGE PURPOSES MUST BE TAXED AT THE SAME RATE THAT OTHER PROPERTY IN SCHOOL DISTRICT NO. 2 IS TAXED.
The Senate returned to the House with concurrence the following:
H. 4263 -- Rep. Harvin: A CONCURRENT RESOLUTION TO COMMEND SAMUEL L. BOYLSTON OF COLUMBIA IN RICHLAND COUNTY FOR HIS MANY OUTSTANDING ACHIEVEMENTS DURING HIS ILLUSTRIOUS CAREER AND WISH HIM MANY YEARS OF HAPPINESS UPON HIS RETIREMENT AS EXECUTIVE VICE PRESIDENT OF THE SOUTH CAROLINA TRUCKING ASSOCIATION, INC.
H. 4264 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE MANNING MIDDLE SCHOOL FOOTBALL TEAM FOR POSTING AN UNDEFEATED RECORD DURING THE SEASON IN THE CURRENT ACADEMIC YEAR.
H. 4265 -- Reps. Arthur and O. Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF HENRY B. RICHARDSON, JR., UNION COUNTY CIVIC AND CHURCH LEADER, UPON HIS DEATH.
H. 4267 -- Reps. Rudnick, Jones, Sharpe, Gentry, Pettigrew and Huff: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY CONCERNING THE DEATH OF MR. RAY M. WILSON, JR., OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4269 -- Reps. J.C. Johnson, Carnell and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE MISS GINGER CARTER OF LAKE CITY IN FLORENCE COUNTY ON THE FINE JOB SHE HAS DONE AS PRINCESS OF FLOWERS XX FOR THE TWENTY-FIRST ANNUAL SOUTH CAROLINA FESTIVAL OF FLOWERS WHICH IS HELD IN GREENWOOD EACH YEAR AND TO CONGRATULATE THE TIARA GARDEN CLUB ON THEIR FINE WORK IN SPONSORING MISS CARTER.
At 12:00 Noon the House in accordance with the motion of Rep. BLACKWELL adjourned out of respect for the Otis Rawl Family to meet at 10:00 A.M. tomorrow.
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