Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by Mr. Doug Ray, Minister of Music at Cooper River Baptist Church in North Charleston as follows:
"God of our Fathers, Whose almighty hand leads us..."
O God in heaven, how we pray for You to lead us this day. Make us long to have the right attitudes. Help us to be Christian in our attitude. Help us to stand for what is right, not because it may result in future rewards, but because it is right for now! Make us want to do the right things. May we all come to understand that right living alone honors a nation, and only in Your will can peace and Joy be found. But Lord, this land cannot be righteous unless her people are righteous. We know that the world cannot be changed until the hearts of men are changed. Our hearts need to be changed. May all that we do and say flow out of understanding hearts.
We pray today for a broader vision of the needs of all the people that we serve. We pray for a deeper compassion to fill those needs. We pray for generosity to meet those needs.
Thy love divine hath led us in the past. In this free land by Thee our lot is cast. Be thou our ruler, our guardian, our guide, and our stay. Thy word, our law, thy paths our chosen way." 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 were received.
May 18, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1134)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on May 18, 1989 regulations concerning Physical Fitness Services Center Certificate of Authority from the State of South Carolina Department of Consumer Affairs.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
May 18, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1135)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on May 18, 1989 regulations concerning Pawnbroker Certificate of Authority from the State of South Carolina Department of Consumer Affairs.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
May 18, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1136)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, 1 have received on May 18, 1989 regulations concerning Motor Club Certificate of Authority from the State of South Carolina Department of Consumer Affairs.
They are hereby referred to the Committee on Education and Public Works for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. ELLIOTT, from the Horry Delegation, submitted a favorable report, with amendments, on:
H. 3916 -Rep. Elliott: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
On motion of Rep. ELLIOTT, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3916 -- Rep. Elliott: A BILL TO RECONSTITUTE THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, AND TO PROVIDE FOR THE TERMS OF THESE MEMBERS.
The Horry Delegation proposed the following Amendment No. 1 (Doc. No. 4784U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A} The Horry County Board of Education must be composed of those members selected in the manner provided by this act. For the purposes of this act, the single-member election districts from which members of the Horry County Council are elected also constitute the election districts from which members of the board must be elected and these county Board of Education single-member election districts must have the same numerical designations as the county council election districts. In the 1990 general election, one member must be elected to the board from districts 1, 2, 3, 6, 7, and 10 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies, and one member must be elected to the board from districts 8, 9, and 11 by the qualified electors of each respective district for terms of two years and until each successor is elected and qualifies. The present members of the board who are residents of districts 4 and 5 and the present member of the board who is a resident of district 8 whose current term expires in 1992 shall also continue to serve as members of the board until the expiration of their current terms in 1992.
(B) In the 1992 general election, in addition to the successors to the members elected to the board in the 1990 election from districts 8, 9, and 11, one member must also be elected to the board from districts 4 and 5 by the qualified electors of each respective district for terms of four years and until each successor is elected and qualifies. The successors to the members elected in 1990 and 1992 must be elected in the same manner at the general election every two or four years thereafter for terms of four years.
(C) A member of the board elected from a defined single-member district must be a resident of that election district and must be elected by the qualified electors of that district. Vacancies must be filled by appointment of the board until the next scheduled election at which time the vacancy must be filled for the remainder of the unexpired term or for a new full term as the case may be.
(D) The board shall elect a chairman and those other officers it considers necessary from among its membership for terms as officers as set by the board.
SECTION 2. The present members of the Horry County Board of Education shall continue to serve until their successors who are elected in the manner provided by this act qualify and take office.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, and Rep. J. BROWN, for the minority, submitted an unfavorable report, on:
H. 3585 -- Reps. Harwell, T. Rogers, Kirsh, Elliott, Beasley, Lanford, Manly, Derrick, McGinnis, Keegan, J. Rogers and Gordon: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS FOR PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE FOR THE SERVICES OF DENTAL HYGIENISTS IN NURSING HOMES.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 687 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO APPEALS AND HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 783 -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 31, 1989, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE AT-LARGE SEAT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4077 -- Reps. H. Brown and Winstead: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST PROMINENT FIRE SERVICE LEADERS, CHIEF BILLY L. HENDRICKS OF CHARLESTON COUNTY, FOR HIS FORTY YEARS OF DISTINGUISHED SERVICE TO HIS NATION, HIS NATIVE SOUTH CAROLINA, AND THE LOCAL COMMUNITIES IN WHICH HE HAS LIVED.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4078 -- Aiken Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE MIDLAND VALLEY HIGH SCHOOL ACADEMIC TEAM OF LANGLEY IN AIKEN COUNTY FOR WINNING THE STATE ACADEMIC TOURNAMENT AT MYRTLE BEACH AND EXTENDING BEST WISHES TO THE TEAM AS IT ADVANCES TO THE NATIONAL COMPETITION IN CHICAGO.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4079 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO MRS. RUBYLENE CASSADY OF THE SOUTHERN SHOPS COMMUNITY OF SPARTANBURG COUNTY FOR THE LOVE AND CARE SHE HAS GIVEN TO SO MANY CHILDREN OVER THE YEARS AT HER DAY CARE CENTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4080 -- Rep. Harwell: A CONCURRENT RESOLUTION EXTENDING A HEARTY "WELCOME HOME" TO THE RELATIVES OF UNITED STATES MILITARY PERSONNEL IN PANAMA AND EXPRESSING THE HOPE THAT THE RETURNING INDIVIDUALS WILL BE HAPPILY REUNITED WITH THEIR LOVED ONES AT THE EARLIEST POSSIBLE TIME.
Whereas, the United States government took steps on May 16, 1989, to protect the relatives of American military personnel in Panama by offering immediate evacuations for any of the fourteen thousand dependents who might want to leave the country; and
Whereas, those who decide to return to the United States are to be flown into Charleston, with flights scheduled to begin arriving late on May 16; and
Whereas, American citizens are deeply concerned over internal developments in Panama and are watching the situation closely; and
Whereas, protection for the relatives of United States military personnel in Panama is of the greatest importance, and the members of the General Assembly want all of these persons to know that they share their concerns completely and that they also hope for a speedy and peaceful resolution of the present difficulties and danger. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, extends a hearty "Welcome Home" to the relatives of United States military personnel in Panama and expresses the hope that the returning individuals will be happily reunited with their loved ones at the earliest possible time.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 781 -- Senators O'Dell, Mullinax, Macaulay, Bryan, Shealy, Setzler and Drummond: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT ALTERNATIVE E AS A FIRST PRIORITY AND ALTERNATIVE A AS A SECOND PRIORITY AS CONTAINED IN A PRELIMINARY FINANCIAL FEASIBILITY STUDY FOR THE UPSTATE CORRIDOR AND, IF FEASIBLE, TO REQUEST THAT ALTERNATIVES A AND E BE IMMEDIATELY AND CONCURRENTLY IMPLEMENTED.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4083 -- Reps. Hendricks, L. Martin and Simpson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE R. WELDON DAY OF PICKENS COUNTY ON HIS OUTSTANDING CAREER OF PUBLIC SERVICE TO THE CITIZENS OF PICKENS COUNTY AND WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4084 -- Reps. Simpson, Hendricks and L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARDS JUNIOR HIGH SCHOOL IN PICKENS COUNTY FOR BEING RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AS ONE OF ONE HUNDRED SEVENTY-SIX "MODEL SCHOOLS" THROUGHOUT THE COUNTRY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4081 -- Reps. Gordon, Snow and Harvin: A JOINT RESOLUTION TO PROVIDE THAT WILLIAMSBURG-BLAKELEY HIGH SCHOOL IN THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY MAY NOT BE CLOSED BEFORE THE END OF THE 1991-92 SCHOOL YEAR.
On motion of Rep. SNOW, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4082 -- Reps. Phillips and Moss: A BILL TO AMEND ACT 685 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT NO. 1, SO AS TO REVISE THE DATE ON WHICH ELECTIONS FOR SCHOOL TRUSTEES ARE HELD, THE MANNER OF FILING NOTICES OF CANDIDACY, AND THE MANNER IN WHICH THE RESULTS OF THE ELECTION ARE DETERMINED.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4085 -- Rep. Altman: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE THE VOTING PRECINCTS OF THE COUNTY.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 776 -- Senators Pope, Martin and Bryan: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS COMMISSION FOR HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERS FROM SEVEN TO NINE.
Referred to Committee on Education and Public Works.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 4081 be read the second and third times the next two successive legislative days.
On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that H. 4082 be read the second and third times the next two successive legislative days.
On motion of Rep. ALTMAN, with unanimous consent, it was ordered that H. 4085 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Faber Fair Ferguson Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Klapman Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 18, 1989.
Larry Gentry Robert Hayes Ken Bailey Ennis Fant J.H. Nesbitt Herbert Kirsh Billy Keesley C. Lenoir Sturkie Grady Brown Samuel R. Foster William S. McCain David Beasley Robert A. Kohn Dick Elliott Joseph McElveen Larry Koon John G. Felder
STATEMENT OF ATTENDANCE
Rep. R. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on May 11 and 16, 1989.
The SPEAKER granted Rep. WILDER a leave of absence for the day.
Announcement was made that Dr. James C. White of Columbia is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., May 18, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3336:
H. 3336 -- Reps. Holt, Winstead, Washington, J. Bailey, D. Martin, Kohn and Hallman: A BILL TO AMEND SECTION 5-31-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMISSIONERS OF PUBLIC WORKS, SO AS TO PROVIDE THAT MUNICIPALITIES HAVING A POPULATION OF TWENTY THOUSAND OR LESS ACCORDING TO THE 1950 CENSUS MAY ELECT TWO ADDITIONAL COMMISSIONERS AT ANY GENERAL ELECTION AFTER AUTHORIZING THEM BY ORDINANCE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. HUFF moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3599 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Cork Corning Davenport Derrick Fair Ferguson Glover Gordon Gregory Hallman Harris, J. Harvin Harwell Haskins Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Klapman Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L McAbee McEachin McGinnis McLellan McLeod McTeer Moss Neilson Nettles Phillips Quinn Rama Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Stoddard Taylor Townsend Tucker Waites Waldrop Washington Wells Whipper Wilkes Wilkins Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. HUFF, HODGES and T.C. ALEXANDER to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
May 17, 1989
The Honorable Robert J. Sheheen
Speaker, South Carolina House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Dear Mr. Speaker:
Please accept this letter as my formal resignation as Chairman of the Rules Committee. It is my intention that this resignation be effective June 1, 1989.
I have appreciated the opportunity of contributing to the Committee as the Chairman for the last year and hope that I may continue to contribute for the benefit of the State as I continue to serve as a member of the South Carolina House of Representatives.
Sincerely,
Thomas E. Huff
Received as information.
On motion of Rep. HEARN, with unanimous consent, Rep. HUFF's remarks were ordered printed in the Journal as follows:
"Ladies and Gentlemen of the House, I'm sure most of you are familiar with why I may be at the podium today. It has been after much thought, much deliberation and I can assure you it is after much prayer that I find myself here today. Every fiber of my being pulls me from this podium, not to it. But likewise the same things that made me what I am and the principles that I believe in as far as this House is concerned tell me I must be here today. I entered this Chamber eleven years ago as a Representative of House District 83 and I have consistently to the best of my ability in those eleven years sought to reflect and to speak the wishes of my district. Above party loyalty, above special interests and some times even against what I thought would be the right course to take but only because after consulting with my district that is what they asked me to do. I humbly accepted that honor eleven years ago and I don't think anyone in this chamber can tell me as succinctly as I can, what my district is. It is probably the closest thing to a marital relationship that we can have or at least it should be and I did not accept or enter into that relationship unadvisedly. On April 26 when I switched parties I did not enter into that unadvisedly. I did it with a clear presence of mind, although some might have thought that I had lost it, and that's the only bit of humor you'll get from me today. I sought the input of the constituency that I represent and I sought the feelings and the prayers of my loved ones before I made that decision and I still believe that what I did was right because when it comes right down to it, that's the only gauge that I can depend on. I underestimated the rancor, the discord and the dissent that developed afterwards and I acknowledge that and it's not right that that should continue in this body today. For after I leave this chamber I hope that we will lay aside partisan politics as we seek to do the business of the people of this State, that is what I have always attempted to do and I think that the House has been a better place for it. I am who I am by what I have lived and the faith that I have, and that has not changed. I am the same person that walked into this chamber on April 25, and that walks into this chamber today. The only thing that is different about me is the label that I wear. I cannot change the fiber of my being, I cannot change the life experiences and the principles that have guided me my entire life, and I will not. God forbid that this House Chamber begin to align itself on party and that I am the focal point for that to take place. I never intended that to happen and I have seen that ugly head begin to rear itself and I want to stop it. If my resignation from Chairman of Rules will accomplish that, then I've done one good thing while I have been here. I am not mad at Bob Sheheen, I am not mad at those that have cried for my resignation. I understand why you say what you say, but give me the same right to do what I think is right and give me the opportunity to show to you what I am. I told the Speaker, and we have spoke forthrightly with each other. Probably the best conversation I have ever had with him occurred last week. I finally feel that we look eye to eye, that's difficult when you're at the podium Mr. Speaker. I feel confident that he and I are still friends, but I want this House to be able to continue to enter in honest differences of opinion and to engage in free debate and to disagree on principles, on issues and not foreclose our beliefs because of the party that we represent. I say here to you now the same thing that I said to my Speaker last week. If the litmus test for leadership in this House comes to the point to where it is solely dependent upon party label, then we are worse because of it and this State will lose and the job that we attempt to do here today for them will be lost. I submit to you my resignation, Mr. Speaker, in the hopes that I will cauterize and lay the dissent that has developed. I pray that we will not sow partisan seeds, we will not continue to sow seeds that will reap a bitter fruit as we go through ensuing elections. This State is changing, and nothing that we do in this chamber to demand or to close the ranks around party loyalty is going to stop or prevent that change. There are winds blowing in this State that have nothing to do with what we do in this chamber. But it's always been that way and the pendulum has swung left and right, Democrat and Republican and it always will. But we have never, ever allowed the intrusion of partisan politics in this chamber. At least it was never openly stated as it is now and that is why I submit my resignation, to stop it. I love this institution and I love this House and the people, up to the next filing time, will decide whether they wish to confer upon me the stewardship that they've given me over the last eleven years, and I will accept their decision. I hope that you will accept my decision in the spirit in which I make it and that is to make this a better place. I do not want my resignation to be taken in any way at all as an acceptance of or an acknowledgment of the fact that the litmus test that I mentioned a few minutes ago is acceptable to me. It is not and I disagree with the Speaker and others of you on other things. I will still participate in this House and I will still be a member of this house, and I will continue to work, with each and everyone of you. Maybe in a different way and in a different role. But if we allow that litmus test to establish itself in a permanent way in this House, then we have stated publicly that 33% of the membership of this House has no hope. I have always felt that we determined one's character by the content of their mind and of the integrity that they show and of the principles that they stand for and I want that to be the litmus test of leadership. I want us to have the latitude to express that in the votes that we take when we elect our leadership. That's not to say we won't disagree, but we must agree that we can have honest disagreements, constructive disagreements. I was reading from Mr. Halverson's book who was the Chaplain of the Senate and he asked in one of his prayers to the Senate, for us to analyze the spirit of the critic. Is it to lift up, is it to make better, is it to heal, or is it to tear down, to destroy, to condemn and to humiliate. I hope and pray that you will agree with me in a honest way, in an open way, I encourage that, I do not expect that you will be in full agreement with my comments from this podium today, but I speak from the heart and I sincerely believe that what I am doing today, Mr. Speaker, will hopefully make this institution a better place to do the business for the people of this state."
Reps. SNOW and GORDON presented to the House Members the 1988-89 Blakely High School Lady Lions Class "A" State Basketball Champs and Coach Willie L. Burgess.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 591 -- Senator Bryan: A BILL TO AMEND ACT 879 OF 1966, AS AMENDED, RELATING TO THE LAURENS COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO PROVIDE THAT THE TEN RESIDENT ELECTORS COMPOSING THE COMMISSION MUST BE APPOINTED AT LARGE BY THE GOVERNOR.
S. 260 -- Senator Mullinax: A BILL TO PRESCRIBE THE PROCEDURE FOR DETERMINING THE ANNUAL BUDGET AND SCHOOL TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS NO. 4 AND NO. 5 INCLUDING A LIMIT ON INCREASED MILLAGE BASED ON THE GROWTH OF PERSONAL INCOME IN THE STATE PLUS ONE PERCENT EXCEPT UPON FAVORABLE REFERENDUM VOTE FOR A LARGER INCREASE.
S. 564 -- Senator Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4040 -- Rep. Lockemy: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1989, AND ENDING JUNE 30, 1990.
H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.
H. 3740 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO SET FORTH THE PROVISIONS ALLOWING SUIT MONEY AND ATTORNEY'S FEES IN A SEPARATE ITEM.
H. 3817 -- Reps. Felder, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIALMAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING ON STRUCTURE.
H. 3883 -- Rep. Baxley: A BILL TO AMEND SECTION 36-9-319, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF SECURED PROPERTY WITHOUT CONSENT UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO INCREASE THE MONETARY PENALTY FOR VIOLATION AND TO INCREASE THE DOLLAR AMOUNT OF THE VALUE OF THE PROPERTY WHICH MAKES THE OFFENSE TRIABLE IN MAGISTRATE'S COURT.
H. 3898 -- Reps. Jaskwhich and Manly: A BILL TO AMEND ACT 275 OF 1985, AS LAST AMENDED BY ACT 269 OF 1987, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
The following Bill was taken up.
S. 656 -- Senator Macaulay: A BILL TO AMEND SECTION 7-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO ADD A PRECINCT AND TO REVISE THE BOUNDARIES OF CERTAIN OTHER PRECINCTS.
Reps. McLELLAN and T.C. ALEXANDER proposed the following Amendment No. 1 (Doc. No. 4859U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-7-430 A. of the 1976 Code is amended to read:
"A. In Oconee County there shall be are the following voting precincts with boundaries as hereafter described in subsection B: Earles Grove, Fair Play, Friendship, Holly Springs, Keowee, Long Creek, Madison, Mountain Rest, Newry-Corinth, Oakway, Providence, Ravenel, Return, Richland, Salem, Seneca (composed of Seneca Nos. 1, 2, 3, and 4), Shiloh, South Union, Stamp Creek. Tamassee, Tokeena, Utica, Walhalla (composed of Walhalla Nos. 1 and 2), West Union, and Westminster (composed of Westminster Nos. 1 and 2).Provided, that voting Voting places for the Seneca precinct may be divided alphabetically into Seneca No. 1, No. 2, No. 3, and No. 4 with voting on the same premises. Provided, further, that voting Voting places for the Walhalla precinct may be divided alphabetically into Walhalla No. 1 and No. 2 with voting on the same premises. Provided, further, that voting Voting places for the Westminster precinct may be divided alphabetically into Westminster No. 1 and No. 2 with voting on the same premises."
SECTION 2. The Keowee precinct in Section 7-7-430 B. is amended to read:
"Keowee-Beginning at the intersection of Lake Keowee and state road 98 south on Lake Keowee to Seneca River southwest on river to Little River west on Little to Lake Keowee west and northwest on Lake Keowee to state road 379 north on 379 to state road 202 north on 202 to state road 46 north on 46 to state road 24 northwest on 24 to state road 449 northeast on 449 to state road 24 north on state road 24 to Little River east on river to Lake Keowee branch north on branch to state highway 130 east on 130 east on 130 to state road 128 northeast on 128 to state road 98 southeast on 98 to Lake Keowee (origin). state road 46 and S.C. Highway 183-east on S.C. Highway 183 to the western branch of Lake Keowee-southeast on branch of Lake Keowee to S.C. Highway 130-south on S.C. Highway 130 to S.C. Highway 3 (130)-east on S.C. Highway 183(130) to Seneca River-southwest on Seneca River to Little River (below the Little River Dam-west on Little River to Lake Keowee-west and northwest on Lake Keowee to state road 379-north on state road 379 to state road 202-north on state road 202 to state road 46-north on state road 46 to S.C. Highway 183 and the point of origin"
SECTION 3. Section 7-7-430 B. is amended by inserting between South Union and Tamassee precincts:
"Stamp Creek-Beginning at the intersection of state road 128 and state road 98-southeast on state road 98 to Lake Keowee and the county line-south on the county line to S.C. Highway 183-west on S.C. Highway 183 to S.C. Highway 130 (183)-north on S.C. Highway 130(183) to western branch of Lake Keowee-northwest on branch to S.C. Highway 183-west on S.C. Highway 183 to state road 46-north on state road 46 to state road 24-north on state road 24 to Little River-east on Little River to western branch of Lake Keowee-north on branch to S.C. Highway 130-east on S.C. Highway 130 to state road 128-north on state road 128 to state road 98 and the point of origin."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that S. 656 be read the third time tomorrow.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4045 -- Rep. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-925 SO AS TO CREATE THE SOUTH CAROLINA FUTURE FARMERS OF AMERICA CAMP WILDLIFE SANCTUARY IN THE LITTLE RIVER NECK SECTION OF HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.
S. 735 -- Senator Giese: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF RYAN INVESTMENT COMPANY, INC., IN RICHLAND COUNTY.
H. 3999 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA HOME OWNERS ASSOCIATION, INC., IN RICHLAND COUNTY.
S. 737 -- Senator O'Dell: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
H. 4005 -- Reps. Sheheen, J. Rogers, McLellan, Wilkins, R. Brown, Moss, Beasley, Bennett and Huff: A JOINT RESOLUTION TO CONTINUE THE APPLICABLE PROVISIONS AND APPROPRIATIONS OF ACT 658 OF 1988 FOR A CERTAIN PERIOD.
H. 4006 -- Rep. Hodges: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ARROWOOD SWIM AND RACKET CLUB, INC., IN LANCASTER COUNTY.
H. 3861 -- Rep. Nesbitt: A BILL TO AMEND SECTION 59-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, THE REQUISITE STUDY OF AND EXAMINATION CONCERNING THE UNITED STATES CONSTITUTION FOR PURPOSES OF GRADUATION FROM HIGH SCHOOL AND COLLEGE, SO AS TO INCLUDE THE DECLARATION OF INDEPENDENCE AND THE FEDERALIST PAPERS.
Rep. NESBITT explained the Bill.
H. 3918 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-400, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO DELETE THE PROVISION REGARDING UNKNOWN CONDITIONS, AND TO AMEND SECTION 42-9-410, RELATING TO THE MANNER IN WHICH THE EMPLOYER OR CARRIER MAY RECEIVE ADDITIONAL BENEFITS FROM THE SECOND INJURY FUND, BY DELETING REFERENCES TO UNKNOWN CONDITIONS.
Rep. HEARN explained the Bill.
H. 3856 -- Rep. R. Brown: A BILL TO AMEND SECTION 58-5-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL PENALTIES FOR VIOLATIONS BY GAS UTILITY COMPANIES, SO AS TO INCREASE THEM.
Rep. M.O. ALEXANDER explained the Bill.
On motion of Rep. KEEGAN, with unanimous consent, it was ordered that H. 4045 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that S. 735 be read the third time tomorrow.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that H. 3999 be read the third time tomorrow.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that S. 737 be read the third time tomorrow.
On motion of Rep. H. BROWN, with unanimous consent, it was ordered that H. 4005 be read the third time tomorrow.
On motion of Rep. HODGES, with unanimous consent, it was ordered that H. 4006 be read the third time tomorrow.
On motion of Rep. NESBITT, with unanimous consent, it was ordered that H. 3861 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 521 Senators Nell W. Smith, Giese and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS, MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL, RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHARGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, AND EVALUATION OF THE COMPREHENSIVE SERVICE SYSTEM.
S. 322 -- Senators Setzler, Nell W. Smith, Rose, Wilson, McConnell, Land, Leventis, Peeler, Helmly, Stilwell, Russell, Hayes, Mullinax, Lourie, Passailaigue, Courson, Moore, McGill, Martschink, McLeod and Horace C. Smith: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING SECTION 59-6-15 SO AS TO PROVIDE FOR THE COMPOSITION, ORGANIZATION, AND RESPONSIBILITIES OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; BY AMENDING SECTION 59-6-20 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, THE STEERING COMMITTEE OF THE EDUCATION-BUSINESS PARTNERSHIP, AND THE JOINT SUBCOMMITTEE; TO PROVIDE FOR THE DUTIES AND POWERS OF THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN PUBLIC EDUCATION AND THE BUSINESS-EDUCATION SUBCOMMITTEE; AND BY AMENDING SECTION 59-6-30 SO AS TO DELETE ALL REFERENCES TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION; TO REQUIRE THE STATE BOARD OF EDUCATION TO PROVIDE AN ASSESSMENT OF THE EDUCATION IMPROVEMENT ACT TO THE BUSINESS-EDUCATION SUBCOMMITTEE; TO REQUIRE THAT THE BUSINESS-EDUCATION SUBCOMMITTEE REPORT ON THE ASSESSMENT TO THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION TO REQUIRE THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION TO PROVIDE A REPORT ON THE ASSESSMENT TO THE GENERAL ASSEMBLY ON FEBRUARY FIRST RATHER THAN ON JANUARY FIRST; AND TO PROVIDE FOR THE STAFFING OF THE BUSINESS-EDUCATION SUBCOMMITTEE.
S. 284 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 56-3-785, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMANENT LICENSING OF A SEMITRAILER, SO AS TO PROVIDE A FEE OF SEVENTY-FIVE DOLLARS FOR THE LICENSING AND TO PROVIDE FOR THE PAYMENT OF THE FEE AND FOR REPORTS TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
S. 102 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF COURT JURISDICTION OVER JUVENILES, SO AS TO PROVIDE FOR A PETITION FOR TRANSFER FROM THE FAMILY COURT TO THE COURT OF GENERAL SESSIONS WITHIN TWENTY INSTEAD OF TWO DAYS AFTER A PETITION IS FILED IN THE FAMILY COURT IN MURDER AND CRIMINAL SEXUAL ASSAULT CASES.
Rep. McABEE moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.
H. 3977 -- Reps. McAbee and Kay: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.
H. 3844 -- Reps. Mattos, Davenport, Haskins, Moss, Blackwell, Townsend, H. Brown, Cooper, G. Bailey, Littlejohn, Phillips, Baker, Vaughn, Rama, Snow, Altman, Stoddard, Quinn, Waldrop, Wright, Chamblee, Wofford, J. Harris and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-11-75 SO AS TO PROVIDE FOR A CIVIL REMEDY FOR THE DRAWING AND UTTERING OF A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 17, by the Committee on Judiciary.
Rep. WILKINS continued speaking.
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. 3923 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT ON THE BALE OF AN ITEM OF DEPRECIATED PROPERTY BETWEEN CORPORATIONS THE PURCHASER MAY USE THE SELLER'S DEPRECIATED VALUE OF THE PROPERTY AS ITS BASIS FOR PURPOSES OF PROPERTY TAX VALUATION AND TO PROVIDE EXCEPTIONS.
Rep. J. HARRIS moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 3520 -- Reps. Waites, Wright, T. Rogers, McElveen, Huff, Keyserling, Hayes, Lockemy and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1015 SO AS TO PROVIDE A CIVIL PENALTY FOR FAILURE TO FILE OR TO FILE LATE A STATEMENT REQUIRED BY CHAPTER 13 OF TITLE 8 RELATING TO ETHICS.
Rep. WAITES proposed the following Amendment No. 1 (Doc. No. 4880U), which was adopted.
Amend the bill, as and if amended, by adding at the end of SECTION 1.:
/The proceeds of the penalty must be deposited in the General Fund of the State./
Amend title to conform.
Rep. WILKINS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. ALTMAN a temporary leave of absence to attend a Highway Commission meeting.
The following Bill was taken up.
S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3866U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1, beginning on page 1 and line 21, and inserting:
/SECTION 1. Article 1, Chapter 35, Title 11 of the 1976 Code is amended by adding:
Section 11-35-450. (A) The purchase of floor coverings, wall coverings, or any other decorative or ornamental item by a governmental body for at least one of the following uses must be reported to the governing board, commission, or council of the respective governmental body, when the cost of the covering or item exceeds five hundred dollars, before the purchase:
(1) in an office or adjoining reception area utilized by an agency director, assistant agency director, or an employee with similar duties and responsibilities;
(2) in a board room or a conference room used as a board room.
(B) The reports required in subsection (A) must include the item to be purchased, its price, and its method of procurement. Upon receiving the reports, the governing board, commission, or council of the respective governmental body formally shall approve or disapprove the purchase./
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.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.
H. 3521 -- Reps. Waites, T. Rogers, Keyserling, Rudnick, McElveen, Huff, Hayes, Whipper, Washington, Lockemy and G. Bailey: A BILL TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.
Rep. NESBITT moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.
H. 3451 -- Reps. Farr, T. Rogers, McBride, Rama, M.D. Burriss, Phillips, Moss, Harwell, Taylor, Wilkes, Littlejohn, T.C. Alexander, J. Brown, Huff, Waldrop, Barfield, D. Williams, Whipper, Glover, Wofford, Keegan, Chamblee, L. Martin, Hodges, Wilder, Blanding, K. Bailey, Snow, Stoddard, Mappus, Winstead, J. Bailey and Wright: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND DELINQUENT REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE FOR THE WAIVER OF THE DELINQUENCY PENALTY FEE OF FIVE DOLLARS IN CASES WHERE THE OWNER DEMONSTRATES THAT HIS PERSONAL ILLNESS WAS THE CAUSE OF HIS FAILURE TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN REQUIRED.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 23, which was adopted.
H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
Rep. McABEE moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 3977 -- Reps. McAbee and Kay: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
Rep. McABEE moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 3677 -- Reps. Hearn, J. Bailey, Baxley, T. Rogers, Littlejohn, Waites, Wilder, Faber, Hodges, P. Harris, Wells, Wright, Jaskwhich and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-310 SO AS TO PROVIDE THAT SUCCESSFUL COMPLETION OF A COURSE IN THE BRAILLE SYSTEM OF AT LEAST ONE CREDIT HOUR IS A PREREQUISITE FOR GRADUATION FOR STUDENTS MAJORING IN SPECIAL EDUCATION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 4304U).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-26-20 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) For special education in the area of vision, adopt program approval standards and amend the approved program of specific course requirements for adding certification so that students receive appropriate training in the braille system."
SECTION 2. This act takes effect September 1, 1989./
Renumber items to conform.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. HEARN spoke in favor of the amendment and moved to adjourn debate upon the Bill until Tuesday, May 23, which was adopted.
The SPEAKER granted Reps. McLELLAN and WASHINGTON a leave of absence for the remainder of the day.
The following Joint Resolution was taken up.
S. 445 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INSTRUCTION AT A PLACE OTHER THAN SCHOOL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1060, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BEASLEY moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
S. 350 -- Senator Drummond: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME; AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBILE HOMES AND HOUSE TRAILERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3712U).
Amend the bill, as and if amended, page 0350-12, Section 40-29-120(A), as contained in SECTION 1, by striking item (1) and inserting:
/(1) for a manufactured home manufacturer, seventy-five thousand dollars for each location;/.
Renumber sections to conform.
Amend title to conform.
Rep. G. BAILEY explained the amendment.
Reps. BLANDING, G. BROWN, BARFIELD and GORDON objected to the Bill.
Rep. CORNING moved to reconsider the vote whereby Amendment No. 10 on H. 3122 was adopted and the motion was noted.
The following Bill was taken up.
H. 3567 - Reps. Boan, McLellan, McElveen, Taylor and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES BY SETTING FORTH PURPOSES, DEFINITIONS, THE CONTENT OF RENTAL AGREEMENTS, THE LIMITATIONS ON THE ADVERTISING, QUOTING, AND CHARGING OF RENTAL RATES, AND PENALTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 4389U).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The purpose of this act is to regulate advertising by rental car companies particularly for rental car rates. This act provides for restrictions to be placed on mandatory fees and surcharges including, but not limited to, required fuel surcharges in addition to the rental rate.
SECTION 2. Title 66 of the 1976 Code is amended by adding:
Section 56-31-10. This chapter applies to the rental of a private passenger automobile from a location in this State.
Section 56-31-20. As used in this chapter:
(1) 'Rental company' means a person in the business of providing private passenger automobiles to the public under the terms of a rental agreement.
(2) 'Renter' means a person obtaining the use of a private passenger automobile from a rental company under the terms of a rental agreement.
(3) 'Rental agreement' means a written agreement setting forth the terms and conditions governing the use of a private passenger automobile provided by a rental company.
(4) 'Damage' means a lose or damage to a rented vehicle including the loss of use and costs and expenses incident to the damage, lose, and loss of use.
(5) 'Private passenger automobile' or 'vehicle' means a private passenger motor vehicle including passenger vans and mini-vans that are intended primarily for the transport of persons.
Section 56-31-30. (A) A rental company may advertise, quote, or charge only a rental rate that includes the entire amount, except taxes and a mileage charge if any, which a renter pays to rent the vehicle for the period of time to which the rate applies. A company may not charge an additional fee which must be paid by the renter as a condition of renting the vehicle including, but not limited to, fuel surcharges. Airport surcharges which do not apply to every customer may be quoted and charged but must be disclosed clearly and conspicuously in all advertisements of a rental rate either as a specific fee or as a range of fees. The means of avoiding airport surcharges must be disclosed clearly and conspicuously in all advertisements of a rental rate to which airport surcharges may apply. The company may charge an additional fee for an item or service provided for in the rental agreement if the charge is optional for the renter. The items and services include, but are not limited to, insurance and accessories requested by the renter unless otherwise prohibited as provided in this chapter, charges incident to the renter's optional return of the vehicle to a location other than to where it was rented, and charges for refueling the vehicle at the conclusion of the rental period if the renter did not return the vehicle with the same amount of fuel that was in the vehicle at the beginning of the rental period. A company also may impose an additional charge based on reasonable age criteria it establishes.
(B) If a rental company-delivers a vehicle to a renter at a location other than where the company normally conducts its business, the company may not charge for the rental for the time before the vehicle is delivered. If the company picks up a rented vehicle from a renter at a location other than the location where the company normally conducts its business, the company may not charge for the rental for the time after the rental company has been notified that the vehicle is available.
(C) If a rental company quotes a rental rate in a personal or computer communication or a print advertisement, it shall disclose the terms of mileage conditions relating to the rate including, but not limited to, the amount of mileage and fuel charges, the number of miles for which no charge is imposed, and a description of geographic driving limitations, if any.
(D) A waiver of the requirements of the provisions of this section is unenforceable as contrary to public policy.
Section 56-31-40. If the Attorney General has reasonable cause to believe that a rental company has violated a provision of this chapter and that action is needed to serve the public interest, he may apply for a restraining order in the court of common pleas of Richland County. The court may grant appropriate final injunctive relief and impose a civil penalty of not more than one thousand dollars for each violation."
SECTION 3. This act takes effect ninety days after approval by the Governor and applies to causes of action accruing after December 31, 1989./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Further proceedings were interrupted by expiration of time in the uncontested period, the pending question being consideration of Amendment No. 1, Rep. M.O. ALEXANDER having the floor.
Rep. HAYES insisted upon the Special Orders of the day.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
The motion of Rep. CORNING to reconsider the vote whereby Amendment No. 10 was adopted was taken up.
Rep. KEYSERLING moved to table the motion to reconsider.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K Barber Bennett Blanding Boan Brown, G. Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Cork Davenport Elliott Faber Fant Ferguson Foster Gentry Glover Gordon Gregory Harris, J. Harvin Hearn Holt Jaskwhich Johnson, J.W. Kay Keyserling Kirsh Kohn Lockemy Manly Martin, D. McAbee McBride McLeod McTeer Moss Neilson Nesbitt Phillips Rogers, J. Rogers, T. Rudnick Sheheen Short Snow Taylor Tucker Waites Whipper White Wilkes Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Baxley Brown, H. Bruce Chamblee Clyborne Cole Cooper Corbett Corning Derrick Fair Hallman Haskins Hayes Hendricks Huff Keegan Keesley Klapman Koon Lanford Limehouse Littlejohn Martin, L. McCain McEachin McElveen McGinnis Nettles Quinn Rama Sharpe Smith Stoddard Vaughn Waldrop Wells Wilkins Wofford Wright
So, the motion to reconsider was tabled.
Reps. KEYSERLING, WHITE, BURCH, RUDNICK, GLOVER, WAITES, T. ROGERS, MANLY and McTEER proposed the following Amendment No. 11 (Doc. No. 2182U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-31 of the 1976 Code, as contained in SECTION 1, page 2, line 23, by striking /both parents/ and inserting /one parent/.
Amend title to conform.
Rep. WAITES explained the amendment.
Rep. FAIR spoke upon the amendment.
The amendment was then adopted.
Rep. T. ROGERS proposed the following Amendment No. 12 (Doc. No. 2188U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-30 of the 1976 Code, as contained in SECTION 4, page 7, line 8, by inserting after /of/ /or grave physicial injury to/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. T. ROGERS proposed the following Amendment No. 13 (Doc. No. 2187U).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The 1976 Code is amended by adding:
"Section 44-41-39. Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acta in good faith is justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this chapter. No physician or other person who furnishes professional services related to an act authorized or required by this chapter and who relies upon the information furnished pursuant to this chapter must be held to have violated any criminal law or to be civilly liable for the reliance, provided that the physician or other person acted in good faith."/
Renumber sections to conform.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Rep. HAYES moved to table the amendment.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Beasley Blackwell Brown, H. Bruce Chamblee Clyborne Cole Cooper Corbett Corning Davenport Fair Gentry Hallman Haskins Hayes Hendricks Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Klapman Kohn Limehouse Littlejohn Lockemy Martin, L. McCain McEachin McGinnis Quinn Rama Rhoad Sharpe Sheheen Simpson Stoddard Vaughn Waldrop Wells Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Bailey, K. Barber Baxley Blanding Boan Brown, J. Burch Burriss, M.D. Burriss, T.M. Carnell Cork Derrick Faber Ferguson Foster Glover Gordon Gregory Harris, J. Harvin Harwell Hearn Hodges Keesley Keyserling Kirsh Manly Martin, D. Mattos McAbee McBride McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rogers, J. Rogers, T. Rudnick Short Smith Snow Taylor Townsend Tucker Waites Washington Whipper White Wilkes
So, the House refused to table the amendment.
Rep. HAYES spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. KEYSERLING, MANLY and WAITES proposed the following Amendment No. 18 (Doc. No. 3648U), which was tabled.
Amend the bill, as and if amended, in Section 44-41-10 of the 1976 Code, as contained in SECTION 2, page 5, line 43, by striking /seventeen/ and inserting /sixteen/.
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. HAYES spoke against the amendment and moved to table the amendment.
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. Bailey, G. Baker Barber Barfield Beasley Blackwell Brown, H. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Fair Gentry Hallman Harris, J. Harvin Haskins Hayes Hearn Hendricks Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Klapman Kohn Limehouse Littlejohn Martin, L. McAbee McCain McEachin McElveen McGinnis McLeod Nesbitt Nettles Phillips Quinn Rama Rogers, J. Sharpe Sheheen Short Simpson Smith Snow Stoddard Townsend Tucker Vaughn Waldrop Wells Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Bailey, K. Brown, J. Faber Fant Ferguson Foster Glover Gordon Gregory Jaskwhich Keyserling Kirsh Manly Manly McBride Moss Neilson Rogers, T. Rudnick Taylor Waites White Wilkes
So, the amendment was tabled.
Rep. HAYES proposed the following Amendment No. 15 (Doc. No. 2281U), which was adopted.
Amend the bill, as and if amended, by striking Section 44-41-36, as contained in SECTION 1, page 5, and inserting:
/Section 44-41-36. A report indicating the type of consent received or the fact that a medical emergency or incest existed must be filed with the Department of Health and Environmental Control on a form supplied by it. This report is confidential and shall not identify the minor other than by patient identification number./
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. T. ROGERS proposed the following Amendment No. 19 (Doc. No. 1761U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-30, as contained in SECTION 4, page 7, by striking lines 3 through 9, and inserting:
/(d) (B) The consents consent provided for by subsections item (b) (2) of subsection (A) and (c) of this section shall is not be required if in the best medical judgment of physician;
(1) the abortion is necessary to preserve prevent the life death of the woman.; or
(2) the pregnancy is the result of incest."/
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. T. ROGERS proposed the following Amendment No. 21 (Doc. No. 1745U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-30 of the 1976 Code, as contained in SECTION 4, page 7, line 8, by inserting after /of/ /or grave physicial injury to/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 22 (Doc. No. 4798U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-31(2) of the 1976 Code, as contained in SECTION 1, page 2, line 36, by striking /or/; in Section 44-41-31(3), page 2, line 44, by striking /./ and inserting /; or/, and by inserting an appropriately numbered item immediately after line 44 to read:
/( ) the minor is unconscious as a result of a battery committed at the same time as a sexual battery and the attending physician determines that an abortion is necessary to protect the health of the minor./
Renumber items to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. FAIR spoke upon the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 23 (Doc. No. 4811U), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, in Section 44-41-32 by inserting at the end of item (1) of the section which begins on line 32 of page 3122-3, the following:
/The Department of Social Services, upon request of the minor, shall provide assistance to the minor in preparing and filing the petition. The department by regulation shall establish the procedures to be followed in providing this assistance./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 25 (Doc. No. 4814U), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking /notarized/ on line 44 of page [3122-1] and on line 9 of page [3122-2] and inserting in both places /witnessed/.
Amend title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 26 (Doc. No. 4818U), which was rejected.
Amend the bill, as and if amended, by striking Section 44-41-38 as contained in SECTION 1, page 5, beginning on line 27 and inserting:
/"Section 44-41-38. A person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement in Sections 44-41-10 through 44-41-38 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than five years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, none of which may be suspended."/
Amend title to conform.
Rep. CORNING explained the amendment.
The amendment was then rejected.
Rep. M.O. ALEXANDER proposed the following Amendment No. 27 (Doc. No. 4827U), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by adding a new Section 44-41-39 immediately following Section 44-41-38 of the 1978 Code to read:
/Section 44-41-39. Any physician or other professional person or agency counseling or discussing with a minor the question of her getting an abortion shall fully inform her of the procedures she must follow under law to get an abortion without her parent's or guardian's consent./
Renumber sections to conform.
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. M.O. ALEXANDER continued speaking.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 28 (Doc. No. 4832U), which was adopted.
Amend the bill, as and if amended, by striking Section 44-41-38 as contained in SECTION 1, page 5, beginning on line 27 and inserting:
/"Section 44-41-38. A person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally or knowingly fails to conform to any requirement in Sections 44-41-10 through 44-41-38 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, none of which may be suspended."/
Amend title to conform.
Rep. CORNING explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Barber Barfield Baxley Beasley Blackwell Brown, H. Bruce Carnell Chamblee Cole Corbett Corning Davenport Derrick Elliott Fair Ferguson Gentry Hallman Harvin Haskins Hayes Hendricks Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Kohn Koon Littlejohn Lockemy Martin, L. McAbee McCain McEachin McGinnis Nettles Phillips Quinn Rama Sharpe Short Simpson Smith Sturkie Townsend Tucker Vaughn Waldrop Wells Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Bailey, K. Blanding Boan Brown, J. Burch Burriss, M.D. Cork Faber Foster Glover Gregory Harris, J. Harwell Hearn Johnson, J.W. Keyserling Kirsh Manly Martin, D. McBride McLeod Moss Neilson Nesbitt Rogers, T. Rudnick Waites White Wilkes
So, the amendment was adopted.
Rep. BAXLEY proposed the following Amendment No. 29 (Doc. No. 4876U), which was tabled.
Amend the bill, as and if amended, Section 44-41-10(m), as contained in SECTION 2, page 5, line 43, by striking /seventeen/ and inserting /eighteen/.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HAYES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 58 to 19.
Rep. T. ROGERS proposed the following Amendment No. 90 (Doc. No. 4848U), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, in Section 44-41-31(3), page 3122-2, line 16, by inserting after /petition the/ /circuit court or/.
Amend further in Section 44-41-32, page 3122-2, line 36, by inserting after the first /the/ /circuit court or/: and on page 3122-3, line 24, by inserting after the first /the/ /circuit court or/.
Amend further page 3122-2, lines 39 and 40, by striking /on line 2 by striking /circuit court or/;/ and on page 3122-3, line 28, by inserting after /a/ /circuit court or/.
Amend further in Section 44-41-34(F), page 3122-4, line 36, by inserting after /the/ /circuit court or/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. McEACHIN proposed the following Amendment No. 31 (Doc. No. 4882U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-32 of the 1976 Code by striking item (4) of the section and inserting:
/(4) The minor may participate in proceedings in the court on her own behalf, and the court shall appoint a guardian ad litem for her and for the unborn child. When appointing a guardian ad litem for the minor, the judge shall take into consideration the preference of the minor. The court shall advise her that she has a right to court-appointed counsel and shall provide her with this counsel upon her request./
Amend the bill further, as and if amended, in Section 44-41-33 of the 1976 Code by striking the last paragraph of the section and inserting:
/The court shall issue a written order immediately to the minor or her guardian ad litem, attorney, or other person so designated by the minor to receive notice, to the guardian ad litem of the unborn child, and shall make it available to the physician or his agent./
Amend title to conform.
Rep. McEACHIN explained the amendment.
Rep. RUDNICK moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Blanding Brown, J. Carnell Cork Faber Fant Glover Gordon Harwell Keyserling Kirsh Manly Martin, D. McAbee McBride McLeod McTeer Moss Phillips Rudnick Townsend Waites Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Barfield Beasley Blackwell Boan Brown, H. Bruce Burch Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Elliott Fair Ferguson Foster Gentry Gregory Hallman Harris, J. Harvin Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Klapman Koon Limehouse Littlejohn Lockemy Martin, L. McCain McEachin McElveen Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Stoddard Sturkie Tucker Vaughn Waldrop Wells Wilkes Winstead Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. MOSS proposed the following Amendment No. 32 (Doc. No. 4850U), which was adopted.
Amend the bill, as and if amended, Section 44-41-34(C), as contained in SECTION 1, by striking the second sentence of the subsection and inserting:
/The record on appeal must be completed and the appeal must be perfected within ten days from the filing of notice to appeal./
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
Rep. FAIR proposed the following Amendment No. 34 (Doc. No. 4877U).
Amend the bill, as and if amended, in Section 44-41-35 of the 1976 Code, by adding at the end of item (2) of the section the following:
/A physician may not perform an abortion on a minor without parental or guardian consent or without court decree in cases of incest unless criminal charges resulting from the incest have been filed./
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. FAIR continued speaking.
Rep. FAIR moved to adjourn debate upon the amendment.
Rep. KEYSERLING moved to table the motion.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Blanding Brown, J. Faber Foster Glover Gordon Gregory Harwell Keesley Keyserling Kirsh Manly Martin, D. McBride McLeod McTeer Moss Nesbitt Rogers, J. Rogers, T. Rudnick Short Smith Snow Taylor Tucker Waites Whipper White Wilkes
Those who voted in the negative are
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Barfield Baxley Beasley Blackwell Boan Brown, H. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Fair Gentry Hallman Harris, J. Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Kay Keegan Kohn Koon Limehouse Littlejohn Martin, L. Mattos McAbee McCain McEachin McGinnis Neilson Nettles Phillips Quinn Rama Rhoad Sharpe Sheheen Simpson Sturkie Vaughn Waldrop Wells Wilkins Winstead Wofford Wright
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate, which was agreed to.
Debate was resumed on Amendment No. 13, by Rep. T. Rogers.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Debate resumed on Amendment No. 34, by Rep. FAIR.
Rep. J. ROGERS spoke against the amendment.
Rep. WILKES spoke against the amendment.
Rep. FAIR spoke upon the amendment and moved to table the amendment, which was agreed to.
Rep. WHIPPER proposed the following Amendment No. 35, which was tabled.
Amend by adding to Section 44-41-32 after "unborn child":
Unborn child as used in this legislation refers to a fetus during the third trimester.
Rep. WHIPPER explained the amendment.
Rep. HASKINS moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, MO. Alexander, T.C. Bailey, G. Baker Barber Barfield Baxley Beasley Blackwell Boan Brown, H. Bruce Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Davenport Derrick Elliott Fair Gentry Hallman Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Klapman Kohn Koon Limehouse Littlejohn Lockemy Martin, L. McAbee McCain McEachin McElveen Nettles Phillips Quinn Rama Rhoad Sharpe Sheheen Simpson Smith Sturkie Townsend Tucker Vaughn Waldrop Wells Wilkins Winstead Wright
Those who voted in the negative are:
Bailey, K. Blanding Brown, J. Cork Corning Faber Fant Foster Glover Gregory Keyserling Kirsh Manly Martin, D. McBride McLeod McTeer Moss Neilson Nesbitt Rogers, J. Rogers, T. Rudnick Short Taylor Waites Whipper White Wilkes
So, the amendment was tabled.
Rep. FAIR proposed the following Amendment No. 30 (Doc. No. 4877U), which was rejected.
Amend the bill, as and if amended, in Section 44-41-35 of the 1976 Code, by adding at the end of item (2) of the section the following:
/In cases of incest, a physician may perform an abortion on a minor without parental or guardian consent or without court decree. This exception for cases of incest does not take effect unless the physician has reported the incest to the appropriate law enforcement agency./
Amend title to conform.
Rep. FAIR explained the amendment.
The SPEAKER granted Rep. SNOW a leave of absence for the remainder of the day.
Rep. WHITE moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Bailey, K. Barber Blanding Boan Brown, J. Burch Carnell Cork Faber Fant Ferguson Foster Glover Gordon Gregory Harris, J. Harwell Hodges Johnson, J.W. Keesley Keyserling Kirsh Lockemy Manly Martin, D. McAbee McBride McElveen McLeod McTeer Moss Neilson Nesbitt Nettles Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Taylor Townsend Tucker Waites Whipper White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Baxley Beasley Blackwell Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Corning Davenport Derrick Elliott Fair Gentry Hallman Haskins Hayes Hearn Hendricks Huff Jaskwhich Johnson, J.C. Kay Keegan Klapman Kohn Koon Limehouse Littlejohn Martin, L. McCain McEachin Phillips Quinn Rama Simpson Sturkie Vaughn Waldrop Wells Wilkins Winstead Wofford Wright
So, the House refused to table the amendment.
Rep. J. ROGERS moved that the House do now adjourn.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Bailey, K. Boan Brown, J. Burch Carnell Faber Fant Foster Glover Gordon Gregory Harwell Kay Kirsh Manly McAbee McBride Moss Nettles Rogers, J. Rogers, T. Rudnick Short Taylor Whipper White Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barber Barfield Baxley Beasley Blackwell Blanding Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Fair Gentry Hallman Harris, J. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Klapman Kohn Koon Limehouse Littlejohn Lockemy Martin, L. McCain McEachin McElveen McLeod McTeer Neilson Nesbitt Phillips Quinn Rama Sharpe Sheheen Simpson Smith Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilkins Winstead Wofford Wright
So, the House refused to adjourn.
Reps. FOSTER, MANLY and MOSS spoke against the amendment.
Rep. HENDRICKS spoke in favor of the amendment.
Rep. HARWELL spoke against the amendment.
Rep. HARWELL moved to continue the Bill.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Faber Fant Glover Harwell Kay Manly McBride Rogers, J. Rogers, T. Taylor White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Barfield Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Gentry Gordon Hallman Harris, J. Harvin Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Lockemy Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rudnick Sharpe Sheheen Short Simpson Smith Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilkes Wilkins Winstead Wofford Wright
So, the House refused to continue the Bill.
Rep. KEYSERLING moved to table the amendment.
Rep. HASKINS raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the adoption of the amendment.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Baker Barfield Beasley Blackwell Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Corning Derrick Fair Hallman Haskins Hayes Hearn Hendricks Huff Johnson, J.C. Keegan Klapman Koon Lanford Limehouse Littlejohn McCain McEachin Quinn Rama Simpson Sturkie Vaughn Waldrop Wells Wilkins Wofford Wright
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Baxley Blanding Boan Brown, J. Burch Carnell Cork Davenport Elliott Faber Fant Ferguson Foster Gentry Glover Gordon Gregory Harris, J. Harvin Harwell Hodges Jaskwhich Johnson, J.W. Kay Keesley Keyserling Kirsh Lockemy Manly Martin, D. Martin, L. Mattos McAbee McBride McElveen McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Taylor Townsend Tucker Waites Whipper White Wilkes
So, the amendment was rejected.
Rep. HASKINS proposed the following Amendment No. 37 (Doc. No. 4877U), which was adopted.
Amend the bill, as and if amended, in Section 44-41-35 of the 1976 Code, by adding at the end of item (2) of the section the following:
/In cases of reported incest, a physician may perform an abortion on a minor without parental or guardian consent or without court decree. This exception for cases of reported incest does not take effect unless the physician reports the incest to the appropriate law enforcement agency within 48 hours of the abortion./
Amend title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Rep. HAYES explained the Bill.
Rep. SHARPE moved immediate cloture on the entire matter.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, G. Bailey, K. Baker Barfield Blackwell Boan Brown, H. Brown, J. Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Foster Gordon Gregory Harris, J. Hendricks Johnson, J.W. Keegan Kirsh Klapman Koon Lockemy Martin, L. Mattos McAbee McEachin Nesbitt Quinn Sharpe Simpson Vaughn Wofford
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Baxley Beasley Blanding Bruce Davenport Elliott Faber Fair Fant Ferguson Gentry Glover Hallman Harvin Harwell Haskins Hayes Hearn Huff Jaskwhich Johnson, J.C. Kay Keesley Keyserling Kohn Lanford Limehouse Manly Martin, D. McBride McCain McElveen McLeod McTeer Moss Neilson Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Taylor Townsend Tucker Waites Waldrop Wells Whipper White Wilkes Wilkins Winstead Wright
So, the House refused to invoke immediate cloture.
Rep. T. ROGERS moved to reconsider the vote whereby Amendment No. 31 was adopted.
Rep. McEACHIN moved to adjourn debate upon the motion to reconsider, which was rejected.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 31 was adopted, which was agreed to.
Rep. T. ROGERS moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 63 to 29.
Rep. J. ROGERS proposed the following Amendment No. 38 (Doc. No. 0375B), which was adopted.
Amend the bill, as and if amended, in Section 44-41-35 of the 1976 Code, by adding at the end of item (2) of the section the following:
/In cases of alleged incest, a physician may perform an abortion on a minor without parental or guardian consent or without court decree. The physician shall report the alleged incest to the appropriate law enforcement agency within twenty-four hours. Failure to so report must be punished as provided under the domestic abuse law of this State./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Rep. HASKINS moved to reconsider the vote whereby Amendment No. 37 was adopted, which was agreed to.
Rep. HASKINS moved to table the amendment, which was agreed to.
I was out of the Chamber yesterday when Amendment No. 4 on H. 3122 was tabled. Had I been present, I would have voted to table the amendment.
Rep. J.C. JOHNSON
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Klapman Kohn Koon Lanford Limehouse Littlejohn Lockemy Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. FAIR asked unanimous consent that H. 3122 be read a third time tomorrow
Rep. BLANDING objected.
Rep. J. ROGERS moved to extend the CHAIR authority to call the House into session on Monday, May 22, and if not deemed necessary, the House will meet at the normal time, 12:00 Noon Tuesday, which was agreed to.
The following was received.
The General Assembly, Columbia, S.C., May 17, 1989
The Committee of Free Conference, to whom was referred:
H. 3599 -- A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-95 SO AS TO PROVIDE THAT CONFIDENCES OR SECRETS OF A PATIENT IN THE COURSE OF DIAGNOSIS OR TREATMENT OF A MENTAL OR EMOTIONAL CONDITION MAY NOT BE REVEALED BY PROVIDERS OR SOCIAL WORKERS, AS DEFINED BY THIS ACT, SUBJECT TO EXCEPTIONS, AND TO ALLOW A CAUSE OF ACTION FOR VIOLATION OF THE SECTION.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
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 19-11-95. (A) For purposes of this section:
(1) 'Provider' means a person licensed under the provisions of any of the following and who enters into a relationship with a patient to provide diagnosis, counseling, or treatment of a mental illness or emotional condition:
(a) Chapter 55 of Title 40;
(b) Chapter 75 of Title 40;
(c) Section 40-63-70 as a licensed master social worker or a licensed independent social worker;
(d) Section 40-33-10 as a registered nurse who meets the requirements of a clinical nurse specialist.
(2) 'Patient' means a person who consults or is interviewed by a provider to diagnose, counsel, or treat a mental illness or emotional condition as authorized in item (A)(1) of this section.
(3) 'Confidence' is a private communication between a patient and a provider or information given to a provider in the patient-provider relationship.
(4) 'Written authorization after disclosure', or a similar phrase, includes an authorization in the application or claims procedure of an insurer or a person providing a plan of benefits.
(5) 'Mental illness or emotional condition' is defined consistent with accepted diagnostic practices.
(B) Except when permitted or required by statutory or other law, a provider knowingly may not:
(1) reveal a confidence of his patient;
(2) use a confidence of his patient to the disadvantage of the patient
(3) use a confidence of his patient for the advantage of himself or of a third person, unless the patient gives written authorization after disclosure to him of what confidence is to be used and how it is to be used.
(C) A provider may reveal:
(1) confidences with the written authorization of the patient or patients affected, but only after disclosure to them of what confidences are to be revealed and to whom they will be revealed;
(2) confidences when allowed by statute or other law;
(3) the intention of the patient to commit a crime or harm himself and the information necessary to prevent the crime or harm;
(4) confidences reasonably necessary to establish or collect his fee or to defend himself or his employees against an accusation of wrongful conduct;
(5) in the course of diagnosis, counseling, or treatment, confidences necessary to promote care within the generally recognized and accepted standards, practices, and procedures of the provider's profession;
(6) confidences in proceedings conducted in accord with Sections 40-71-10 and 40-71-20;
(7) confidences with the written authorization of the patient or patients affected for processing their health insurance claims, but only after disclosure to them of what confidences are to be revealed and to whom they will be revealed.
(D) A provider shall reveal:
(1) confidences when required by statutory law or by court order for good cause shown or pursuant to a lawfully issued subpoena to the extent that the patient's care and treatment or the nature and extent of his mental illness or emotional condition are reasonably at issue in a proceeding: provided, however, confidences revealed shall not be used as evidence of grounds for divorce;
(2) confidences pursuant to a lawfully issued subpoena by a duly constituted professional licensing or disciplinary board or panel;
(3) confidences when an investigation, trial, hearing, or other proceeding by a professional licensing or disciplinary board or panel involves the question of granting a professional license or the possible revocation, suspension, or other limitation of a professional license.
(E) A disclosure pursuant to subsection (C) or (D) is limited to the information and the recipients necessary to accomplish the purpose of the subsection permitting the disclosure.
(F) A person to whom a disclosure is made pursuant to subsections (C)(1), (6), and (7), and an employee to whom a disclosure is made pursuant to subsection (G) is bound by the same duty of confidentiality as the provider from whom he received the information.
(G) A provider shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences of a patient, except that a provider may reveal the information allowed by subsections (C) and (D) through an employee.
(H) A provider releasing a confidence under the written authorization of the patient or under the provisions of this section is not liable to the patient or other person for release of the confidence to the person authorized to receive it. A patient has a cause of action for such damages as actually may be sustained by such violation against a provider or one's agent or employee who wilfully and intentionally violates this section.
(I) Nothing in this section alters the existing requirements of nonproviders to preserve confidences or the requirements of providers subject to Sections 44-23-1090 and 44-52-190."
SECTION 2. This act takes effect six months after approval by the Governor./
Respectfully submitted this 17th day of May, 1989.
Amend title to conform.
/s/Senator I.E. Lourie /s/Rep. T.C. Alexander /s/Senator James E. Bryan /s/Rep. James H. Hodges /s/Senator Robert L. Helmly /s/Rep. Thomas E. Huff On Part of the Senate. On Part of the House.
Rep. HUFF explained the Free Conference Report.
Rep. LIMEHOUSE raised the Point of Order that the Free Conference Report was out of order as it was not in compliance with Rule 5.15 in that it had not been printed in the Journal.
The SPEAKER sustained the Point of Order.
Rep. SHARPE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4077 -- Reps. H. Brown and Winstead: A CONCURRENT RESOLUTION TO COMMEND ONE OF SOUTH CAROLINA'S MOST PROMINENT FIRE SERVICE LEADERS, CHIEF BILLY L. HENDRICKS OF CHARLESTON COUNTY, FOR HIS FORTY YEARS OF DISTINGUISHED SERVICE TO HIS NATION, HIS NATIVE SOUTH CAROLINA, AND THE LOCAL COMMUNITIES IN WHICH HE HAS LIVED.
H. 4078 -- Aiken Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE MIDLAND VALLEY HIGH SCHOOL ACADEMIC TEAM OF LANGLEY IN AIKEN COUNTY FOR WINNING THE STATE ACADEMIC TOURNAMENT AT MYRTLE BEACH AND EXTENDING BEST WISHES TO THE TEAM AS IT ADVANCES TO THE NATIONAL COMPETITION IN CHICAGO.
H. 4079 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO MRS. RUBYLENE CASSADY OF THE SOUTHERN SHOPS COMMUNITY OF SPARTANBURG COUNTY FOR THE LOVE AND CARE SHE HAS GIVEN TO SO MANY CHILDREN OVER THE YEARS AT HER DAY CARE CENTER.
H. 4080 - Rep. Harwell: A CONCURRENT RESOLUTION EXTENDING A HEARTY "WELCOME HOME" TO THE RELATIVES OF UNITED STATES MILITARY PERSONNEL IN PANAMA AND EXPRESSING THE HOPE THAT THE RETURNING INDIVIDUALS WILL BE HAPPILY REUNITED WITH THEIR LOVED ONES AT THE EARLIEST POSSIBLE TIME.
H. 4083: Reps. Hendricks, L. Martin and Simpson: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE R. WELDON DAY OF PICKENS COUNTY ON HIS OUTSTANDING CAREER OF PUBLIC SERVICE TO THE CITIZENS OF PICKENS COUNTY AND WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.
H. 4084 - Reps. Simpson, Hendricks and L. Martin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARDS JUNIOR HIGH SCHOOL IN PICKENS COUNTY FOR BEING RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION AS ONE OF ONE HUNDRED SEVENTY-SIX "MODEL SCHOOLS" THROUGHOUT THE COUNTRY.
At 1:45 P.M. the House in accordance with the motion of Rep. SHARPE adjourned to meet at 10:00 A.M. tomorrow.
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