Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Cause us, Lord, to see every day as a gift from Your good and benevolent hand. Inspire us to use it well. When we cannot see the bright side, use us to polish the dull side. Enable us to put ourselves in the hands of God as we know that nothing is too big for Him to accomplish, and nothing so small but that He could use us to accomplish it. And even when difficulties loom high, cause us to see problems as opportunities in work clothes. Forbid it, Lord, that we should use prayer as a time to give God instructions, but instead as a time to report for duty.
Keep us keenly aware that tragic is one who has plenty to live on, but nothing to live for. 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.
Rep. CROMER moved that when the House adjourns, it adjourn in memory of Mrs. Frances Oxner, which was agreed to.
The following was received from the Senate.
Columbia, S.C., April 23, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 388:
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
Very respectfully,
President
On motion of Rep. KEYSERLING, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. KEYSERLING, SHARPE, and GONZALES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3439 -- Reps. Manly, Hallman, Sturkie, Rama, Smith, McKay, Wilder, Hodges, Phillips, J. Brown, McGinnis, M.O. Alexander, Scott, D. Williams, L. Elliott, Keyserling, Corning, Kempe, Beatty, Barber, L. Martin, Burriss, J. Harris, Koon, J.W. Johnson, Houck, Altman and Waldrop: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE FOR FREE BIG GAME PERMITS AND WILDLIFE MANAGEMENT AREA PERMITS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3774 -- Reps. Kempe, Rogers, Wilkes, Beatty, Hallman, Fulmer, Bruce, Beasley, Keyserling, Cole, Sturkie, Neilson, Waites, Farr, Corbett, Wells, Keegan, Cork, Cato, Whipper, Jaskwhich, Littlejohn, Manly, Cooper, T.C. Alexander, Wilder, Burch, Glover, D. Martin, Phillips, A. Young, McGinnis, Tucker, Cromer, McElveen, L. Elliott, Gonzales, R. Young, Houck, Meacham, Rhoad, Mattos, Barber, McCraw, Jennings, Kinon, Marchbanks, Altman, J. Harris and Lanford: A BILL TO AMEND SECTION 48-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR DISCHARGES OF WASTES OR AIR CONTAMINANTS, SO AS TO PROVIDE THAT BEFORE ISSUING A PERMIT PUBLIC NOTICE MUST BE GIVEN BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 730 -- Senator Land: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3741 -- Reps. Altman, Ross, Smith, Quinn, Rogers, Beatty, Barber, Sturkie, Snow, Keegan, Corning, Sharpe, Harvin, Koon, Kempe, Hallman, McLeod, Waites, J. Harris, J. Brown, Manly, D. Williams, Bennett, Cooper, Farr, Corbett, Waldrop, M.O. Alexander, Whipper, L. Elliott, Kirsh, Rhoad, H. Brown, Chamblee, G. Bailey, Houck, Gonzales, Carnell, Cork, Hayes, Meacham, T.C. Alexander, Foster, Marchbanks and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-395 SO AS TO PROHIBIT THE CONSTRUCTION OF PRIVATE STRUCTURES OVER OR ON PRODUCTIVE STATE SHELLFISH BOTTOMS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 376 -- Senators Wilson and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 48 SO AS TO ENACT THE "STORMWATER MANAGEMENT AND SEDIMENT REDUCTION ACT" AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO REPEAL CHAPTER 13, TITLE 48 OF THE 1976 CODE RELATING TO COUNTY SEDIMENT CONTROL PROGRAMS, AND TO DIRECT THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION TO PROMULGATE REGULATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3515 -- Reps. Neilson, Baxley, Keegan, Quinn, Hallman, Sturkie, Wells, J. Bailey, Rhoad, McGinnis, Koon, D. Williams, Cork and M.O. Alexander: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3540 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF PART E OF SECTION 3 OF INSURANCE DEPARTMENT REGULATION R69-44 (REQUIREMENT FOR HOME CARE) UNTIL JANUARY 1, 1992.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3630 -- Rep. Hodges: A BILL TO AMEND SECTION 33-16-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CORPORATION IS REQUIRED TO REPORT TO SHAREHOLDERS SHARES ISSUED FOR PROMISSORY NOTES OR FOR PROMISES TO RENDER SERVICES IN THE FUTURE, SO AS TO EXEMPT A CORPORATION THAT IS SUBJECT TO THE REPORT REQUIREMENTS OF THE SECURITIES AND EXCHANGE ACT OF 1934, IF THE SHARES ARE ISSUED PURSUANT TO A PLAN THAT HAS BEEN APPROVED BY THE SHAREHOLDERS OF THE CORPORATION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3631 -- Rep. Hodges: A BILL TO AMEND SECTION 33-6-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION THAT A CORPORATION MAY ACQUIRE ITS OWN SHARES, SO AS TO AUTHORIZE THE CORPORATION TO PROVIDE IN ITS ARTICLES OF INCORPORATION THAT REACQUIRED SHARES MAY BECOME TREASURY SHARES AND AUTHORIZE THE BOARD OF DIRECTORS TO ADOPT ARTICLES OF AMENDMENT PROVIDED THAT REACQUIRED SHARES BECOME TREASURY SHARES WITHOUT SHAREHOLDER ACTION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3644 -- Reps. Waites, Wright, Cromer, L. Elliott, Klapman, Scott, Neilson, Corning, Keegan and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-100 SO AS TO REQUIRE NOTIFICATION TO LOCAL LAW ENFORCEMENT AUTHORITIES AND THE LOCAL LEGISLATIVE DELEGATION UPON A LICENSE APPLICATION OR RENEWAL TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3748 -- Reps. Sharpe, Smith and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-617 SO AS TO AUTHORIZE PERMITTED DOMESTIC WINERIES TO SELL THEIR WINE AT RETAIL AND DELIVER.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.
Ordered for consideration tomorrow.
Rep. HASKINS moved to reconsider the vote whereby H. 3276 was given a second reading and the motion was noted.
The Senate sent to the House the following:
S. 918 -- Senators Fielding, Passailaigue, McConnell, Washington, Martschink and Rose: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE OVER THE ASHLEY RIVER WHICH IS PART OF THE MARK CLARK EXPRESSWAY IN CHARLESTON AS THE GENERAL WILLIAM C. WESTMORELAND BRIDGE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3944 -- Rep. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE JARRELL M. BROWN ON HIS FIFTIETH ANNIVERSARY AT COWDEN PLANTATION IN JACKSON, SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3945 -- Reps. M. Martin and Corbett: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO REQUIRE MEDIATION BETWEEN FARM DEBTORS AND CREDITORS, TO IMPLEMENT RESTRUCTURING OF DEBT PAYMENTS TO AVOID FORECLOSURES, AND TO ENABLE FARMERS TO CONTINUE OPERATING OR TO REACH OTHER MUTUALLY BENEFICIAL AGREEMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 3946 -- Rep. Quinn: A BILL TO AMEND SECTION 33-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT COURTS AND OTHER OFFICIAL BODIES GIVE CERTAIN EVIDENTIARY EFFECT TO COPIES OF DOCUMENTS WHICH THE SECRETARY OF STATE CERTIFIES ARE ON FILE WITH HIS OFFICE, SO AS TO ALSO REQUIRE THE COURTS AND OTHER BODIES TO GIVE CERTAIN EVIDENTIARY EFFECT TO DOCUMENTS WHICH THE SECRETARY OF STATE BY AFFIDAVIT CERTIFIES ARE NOT ON FILE WITH HIS OFFICE.
Referred to Committee on Judiciary.
H. 3947 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1266, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3948 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL STANDARDS, STANDARD NO. 8, TOXIC AIR POLLUTANTS (ADDITIONAL CHEMICALS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1336, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 341 -- Senators Wilson and Rose: A BILL TO AMEND SECTION 7-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE COMMITTEES OF POLITICAL PARTIES, SO AS TO PROVIDE THAT IN THE CASE OF THE REPUBLICAN AND DEMOCRATIC STATE COMMITTEES, THE PRESIDENTS OF THE SOUTH CAROLINA FEDERATION OF REPUBLICAN WOMEN AND THE SOUTH CAROLINA FEDERATION OF DEMOCRATIC WOMEN ARE EX OFFICIO MEMBERS OF THEIR RESPECTIVE STATE COMMITTEES.
Referred to Committee on Judiciary.
S. 756 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-375 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, COAT, VEST, OR OTHER OUTER GARMENT WITH THE SOLID, VISIBLE COLOR OF INTERNATIONAL ORANGE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beatty Bennett Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, April 24.
Grady Brown Howell Clyborne Sarah G. Manly Samuel R. Foster Maggie Glover David M. Beasley C. Lenoir Sturkie John J. Snow William D. Boan Jim Harrison Alex Harvin, III Steve Lanford
LEAVE OF ABSENCE
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the day.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
The motion of Rep. HASKINS to reconsider the vote whereby the following Bill was given a second reading was taken up.
H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Reps. HASKINS and HODGES spoke in favor of the motion to reconsider.
Rep. McCAIN spoke against the motion to reconsider.
Rep. McCAIN moved to table the motion to reconsider.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Burriss Cork Gonzales Gregory Holt Jennings McCain McGinnis White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Hallman Harris, J. Harris, P. Haskins Hayes Hendricks Hodges Inabinett Jaskwhich Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Klapman Koon Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Smith Stoddard Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3855 -- Rep. Jaskwhich: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.
H. 3787 -- Reps. J. Bailey, Barber, Fulmer, Hallman, Holt, Rama, Gonzales, R. Young, Whipper and D. Martin: A BILL TO AMEND ACT 452 OF 1973, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SUBSTANCE ABUSE COMMISSION, SO AS TO PROVIDE THAT MEMBERS ARE APPOINTED UPON RECOMMENDATION OF THE COUNTY COUNCIL RATHER THAN RECOMMENDATION OF THE COUNTY DELEGATION.
H. 3936 -- Reps. Ross and T.C. Alexander: A BILL TO ALLOW THE SCHOOL DISTRICT OF OCONEE COUNTY TO RECEIVE BIDS ON MORE THAN ONE ISSUE OF GENERAL OBLIGATION BONDS AT A TIME AND TO AUTHORIZE THE DISTRICT TO REQUIRE BIDDERS TO SUBMIT PROPOSALS FOR ALL BONDS ISSUED AS THOUGH THE BONDS WERE OF A SINGLE ISSUE.
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.
H. 3833 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-905 SO AS TO PROVIDE THAT THE DUE DATE OF PROPERTY TAX RETURNS REQUIRED TO BE FILED WITH THE COUNTY AUDITOR IS APRIL THIRTIETH FOR PROPERTY OWNED AS OF THE PRECEDING DECEMBER THIRTY-FIRST.
H. 3887 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSURE, EXAMINATIONS, RENEWAL, CODE OF CONDUCT, FEES, SUPERVISION, BOARD ACTIONS, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3522 -- Reps. Keyserling, Waites, Jaskwhich, Wilkins, Rogers, Baxley, Littlejohn, Hallman, Barber, Sturkie, Wilkes, Harwell, Farr, Phillips, Keegan, Corbett, Kempe, Quinn, Huff, Beatty, Wright, Meacham and J. Harris: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES, BY ADDING CHAPTER 8 SO AS TO ENACT THE SOUTH CAROLINA CONSERVATION EASEMENT ACT OF 1991 AND TO REPEAL CHAPTER 9, TITLE 27 RELATING TO CONSERVATION RESTRICTIONS AND EASEMENTS.
H. 3592 -- Reps. Snow, Bruce, Bennett and Rhoad: A BILL TO AMEND SECTION 46-10-100 AND SECTION 46-10-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND FEES FOR BOLL WEEVIL CONTROL, SO AS TO REVISE PROVISIONS FOR ASSESSMENTS AND PENALTIES AGAINST COTTON GROWERS.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title of be changed to that of an Act, and that it be enrolled for ratification.
S. 349 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.
The following Bill was taken up.
H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Reps. HODGES, HASKINS, FAIR and J. WILLIAMS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11616.DW), which was adopted.
Amend the bill, as and if amended, page 2, by striking SECTION 4 and 5 on lines 38, 39, and 40, and inserting:
SECTION 4. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170, Part II, Section 3A, Act 170 of 1987, is further amended to read:
"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."
SECTION 5. Section 12-21-2746 of the 1976 Code is amended to read:
"Section 12-21-2746. (A) Municipalities and counties may, by ordinance, levy a license tax on the business taxed under this article, but in no case may a tax so levied exceed one-half of the amount levied by the State before March 28, 1956. premises which house (1) machines for the playing of games or amusements which have a free play feature operated by a slot in which is deposited a coin or other thing of value and the machines are of the nonpayout pin table type with levers or flippers operated by the player by which the course of the balls can be altered or changed or (2) machines of the nonpayout type, in-line pin games, or video games with free play feature operated by a slot in which is deposited any coin or other thing of value. Municipalities and counties may impose the license only if the described machines already comply with all of the other provisions of this article. If both the county and municipality pass ordinances to license the premises, the county may not charge a license tax within the incorporated area of the county.
The license fee which the municipalities or counties may charge under this section may not exceed fifty dollars for the machines described in item (2) of Section 12-21-2720 and may not exceed one hundred dollars for the machines described in item (3) of Section 12-21-2720.
(B) In every municipality and county which by ordinance provides for the licensing of premises as authorized by this section, it is required that the premises license fee must be paid and that the premises license must be issued by the municipality or the county, regardless of whether all other provisions of this article have been satisfied. Without a properly issued premises license, the presence of the described machines on the premises is unlawful. Further, if an issued premises license is revoked for any reason by the municipality or county which issued it, the presence of the described machines on the premises is unlawful.
(C) If a licensee under this section or his agent is convicted of violating any of the gambling laws of this State, the premises license issued pursuant to the authority of this section must be revoked for one year for a first offense and for two years for a second and every subsequent offense.
Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both.
(D) The other provisions of this article are applicable to the premises license authorized and issued under this section."
SECTION 6. Sections 12-21-2732 and 16-19-60 of the 1976 Code are repealed.
SECTION 7. This act is effective upon approval by the Governor but is effective for licenses issued after May 31, 1992./
Amend title to read:
/A BILL
TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY NOT LIMIT THE NUMBER OF MACHINES WITHIN ITS BOUNDARIES; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO SPECIFICALLY DESIGNATE PREMISES WHICH ARE SUBJECT TO THE TAX AND PROCEDURES FOR LICENSING; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES, AND SECTION 16-19-60, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER./
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3506 -- Reps. Bennett, McTeer and Wilder: A JOINT RESOLUTION TO PROHIBIT THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996.
H. 3446 -- Reps. Stoddard, Hallman, G. Bailey, Waldrop, D. Elliott, Short, Clyborne, Bennett, Harvin, Phillips, Wells, Farr, Foster, J.W. Johnson and Baker: A BILL TO AMEND SECTION 16-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DEFINITIONS IN REGARD TO THE REGULATION OF FIREARMS, SO AS TO REVISE THE DEFINITION OF A "MILITARY FIREARM".
H. 3731 -- Rep. P. Harris: A BILL TO AMEND SECTION 39-43-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO REVISE THE PUBLICATIONS CONTAINING STANDARDS TO BE USED IN REGULATIONS PROMULGATED BY THE BOARD.
Rep. P. HARRIS explained the Bill.
H. 3765 -- Reps. Koon and Klapman: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY AND RECOMMEND TO THE BUDGET AND CONTROL BOARD A PROCESS TO TRAIN STATE PERSONNEL TO INSTALL, SERVICE, AND REPAIR ANY TYPE OR BRAND OF AUTOMATIC FIRE EXTINGUISHING SYSTEM USED BY THE STATE.
H. 3752 -- Rep. Altman: A BILL TO AMEND SECTION 56-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION FOR LICENSE OR PERMIT, SO AS TO DELETE THE REQUIREMENT OF WRITTEN VERIFICATION OF LIABILITY INSURANCE COVERAGE FOR RENEWAL.
Rep. J. BAILEY explained the Bill.
The following Bill was taken up.
H. 3291 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-2030 SO AS TO PROVIDE THAT LAND OWNED BY THE STATE WHICH WAS ACQUIRED WITH FEDERAL LAND WATER CONSERVATION FUNDS MAY BE USED FOR PUBLIC PURPOSES, AND TO PROVIDE EXCEPTIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18250.SD), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-13-2030. Land purchased or developed by state agencies using federal funds under the Land and Water Conservation Program must be open to the general public for recreational uses compatible with the resource. The terms and conditions of the use must be set by the state agency having control of the land, which terms and conditions must be approved by a majority of the legislative delegation of each county where the land is located before these terms and conditions may take effect. The state agency having control of the land must also notify the legislative delegation or delegations when these terms and conditions of use are set by the agency. Property purchased or developed before the effective date of this section using this funding source is exempt from the provisions of this section."/
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3287 -- Reps. Wright, Rama and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO REGULATE THE LAWFUL NOISE LEVEL AND THE EXHAUST SYSTEMS OF MOTORS USED TO PROPEL WATERCRAFT; AND TO REPEAL ARTICLE 11, CHAPTER 25, TITLE 50 RELATING TO MOTORBOATS ON LAKE WYLIE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\18384.HTC), which was adopted.
Amend the bill, as and if amended, in Section 50-25-660, as contained in Section 1, page 2, by adding:
/(3) boats operated for law enforcement, emergency medical, civil defense, noxious weed control, military, state and federal approved wildlife banding, and surveying and biological research program purposes./
Amend title to conform.
Rep. RHOAD explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. KLAPMAN objected to the Bill.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 15 to 29.
The question then recurred to the adoption of the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3775 -- Rep. Bennett: A BILL TO AMEND SECTION 50-13-1116, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR FLOATING MARKERS; TO AMEND SECTION 50-13-1135, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES FOR TAKING FRESHWATER NONGAME FISH WITH CERTAIN FISHING DEVICES, SO AS TO REVISE THE REQUIREMENTS FOR A TROTLINE; TO AMEND SECTION 50-13-1145, RELATING TO THE MAXIMUM NUMBER OF DEVICES FOR FRESHWATER FISHING, SO AS TO REVISE THE NUMBER OF TROTLINE HOOKS; TO AMEND SECTION 50-13-1150, RELATING TO APPLICATIONS AND FEES FOR RESIDENT AND NONRESIDENT COMMERCIAL FISHING LICENSES, SO AS TO INCREASE THE FEE FOR NONRESIDENTS FROM FIVE HUNDRED TO SEVEN HUNDRED FIFTY DOLLARS; TO AMEND SECTION 50-13-1155, AS AMENDED, RELATING TO TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES, SO AS TO INCREASE THE PURCHASE PRICE FOR THE TAGS AND PERMITS FOR NONRESIDENTS TO FIFTY DOLLARS; TO AMEND SECTION 50-13-1180, RELATING TO TROTLINES, SO AS TO REQUIRE TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE TO HAVE A GAP AND PROHIBIT STAINLESS STEEL HOOKS; TO AMEND SECTION 50-13-1192, RELATING TO THE TYPE AND NUMBER OF NONGAME FISHING DEVICES USED IN FRESHWATER, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES; AND TO AMEND SECTION 50-13-1195, RELATING TO PENALTIES IN THE PROTECTION OF NONGAME FISH, SO AS TO AUTHORIZE THE FORFEITURE OF TAGS AND PERMITS AND PROVIDE FOR THE INELIGIBILITY FOR OTHER TAGS AND PERMITS UPON FORFEITURE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7479.BD), which was adopted.
Amend the bill, as and if amended, Section 50-13-1150, SECTION 4, page 4, beginning on line 27, by striking /seven hundred fifty/ and inserting /hundred one thousand/ so that when amended Section 50-13-1150 reads:
/Section 50-13-1150. (A) Any A person who has been a resident of this State continuously for at least twelve months may apply on forms to be furnished by the department for a commercial freshwater fishing license. Upon proof satisfactory to the department of his residency, he shall upon and payment of an annual fee of fifty dollars, he must be issued a resident commercial freshwater fishing license.
(B) A nonresident person, which shall include, including a person who has not been a resident of this State continuously for at least twelve months prior to before his application, may apply on forms to be furnished by the department for a nonresident commercial freshwater fishing license and, upon. Upon approval of the application by the department and the payment of an annual fee of five hundred one thousand dollars, shall he must be issued such the license./
Amend further, Section 50-13-1192(4), SECTION 7, page 7, after line 17, by inserting /(c) trotlines: fifty hooks maximum for each license holder;/ so that when amended Section 50-13-1192(4) reads:
/(4) Black River:
(a) gill nets: nongame nets in season;
(b) set hooks: fifty maximum per for each license holder;
(c) trotlines: fifty hooks maximum for each license holder;/
Amend further by striking SECTION 9, page 16, beginning on line 11, and inserting:
/SECTION 9. This act takes effect July 1, 1992, except the amendment to Section 50-13-1116, Section 1, and Section 50-13-1180 adding (F) and (G), Section 6, take effect upon approval by the Governor./
Amend title to conform.
Rep. BENNETT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 177 -- Senators Martschink and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9384.JM), which was adopted.
Amend the bill, as and if amended, by adding the following SECTIONS, appropriately numbered, to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 15-75-51. The penalty provided by Section 15-75-50, including injunctive relief, may not be imposed unless the person who is alleged to have violated that section does so after being instructed, (1) in writing, (2) by telephone, or (3) by a machine that electronically transmits facsimiles through connection with a telephone network, by the receiver of the unsolicited advertising material not to transmit the material."
SECTION ___. The provisions of this act do not apply to persons submitting bids for services or materials to be used in connection with nonresidential construction projects./
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3590 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-245 SO AS TO PROVIDE THAT WHEN A UNINSURED MOTOR VEHICLE IS INVOLVED IN AN ACCIDENT WHERE THE INSURED DRIVER OF THE OTHER VEHICLE IS AT FAULT, THE UNINSURED DRIVER, IF ANY, IS ENTITLED TO ACTUAL DAMAGES FOR BODILY INJURY ONLY.
Reps. BAXLEY, CORBETT, ROSS, R. YOUNG, RUDNICK, KLAPMAN, BEATTY AND CROMER objected to the Bill.
The following Bill was taken up.
S. 722 -- Senators Lourie, Land, Saleeby and Passailaigue: A BILL TO AMEND SECTION 40-59-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE CONTRACTORS INCLUDED AS RESIDENTIAL SPECIALTY CONTRACTORS FOR PURPOSES OF REGULATION BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, SO AS TO PROVIDE THAT PEST CONTROLLERS ARE NOT CONSIDERED RESIDENTIAL SPECIALTY CONTRACTORS.
Rep. CROMER moved to adjourn debate upon the Bill.
Rep. McLEOD moved to table the motion, which was agreed to by a division vote of 21 to 19.
The Labor, Commerce and Industry Committee proposed the following Amendment No.1 (Doc Name L:\council\legis\amend\CYY\18476.SD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-59-15 of the 1976 Code, which was added by Act 595 of 1990, is further amended to read:
"Section 40-59-15. A residential specialty contractor is an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do any construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11 of this title.
Residential specialty contractors include:
(a) plumbers;
(b) electricians;
(c) heating and air conditioning installers and repairers;
(d) vinyl and aluminum siding installers;
(e) insulation installers;
(f) roofers;
(g) pest controllers;
(h)(g) floor covering installers;
(i)(h) masons;
(j)(i) dry wall installers;
(k)(j) carpenters;
(l)(k) wallpaperers;
(m)(l) painters."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5630.HC).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The first paragraph of Section 40-59-20 of the 1976 Code, as amended by Act 595 of 1990, is further amended to read:
"There is hereby created the South Carolina Residential Builders Commission hereinafter referred to as the commission. The commission must be composed of seven persons who shall have been residents of the this State for at least five years and two three of whom must be consumers not engaged in the business of residential building and four of whom have been actively engaged in residential building for a period of at least five years prior to before the date of their appointment and one of whom has been actively engaged in residential specialty contracting for a period of at least five years prior to the date of his appointment. One member must be appointed from each congressional district and one must be appointed from the State at large. Members of the commission must be appointed by the Governor with the advice and consent of the Senate for a term of four years or until their successors are appointed and qualify. Any A vacancy occurring by reason of death, resignation, removal for cause, or otherwise must be filled for the remainder of the unexpired term in the same manner as provided for the original appointments. The Governor may remove any a member of the commission for misdonduct, incompetency, or neglect of duty."
SECTION 2. The first paragraph of Section 40-59-50 of the 1976 Code, as amended by Act 595 of 1990, is further amended to read:
"The commission may employ a director to serve at the discretion of the commission. The duties of the director must be prescribed by the commission and shall must include, but not be limited to, the following:
(a) keep a record of the proceedings of the commission;
(b) receive and account for all monies received by the commission; and
(c) keep a register of all applicants for licenses showing for each the date of application, name, qualifications, place of business, place of residence, and whether the license was granted or refused; and
(d) keep a register of all residential specialty contractors doing business in this State showing for each the date of registration, name, place of business, place of residence, and office telephone number. A residential specialty contractor must notify the commission in writing within thirty days of any change in the information required to be on file with the commission."
SECTION 3. Section 40-59-90 of the 1976 Code, as last amended by Act 595 of 1990, is further amended to read:
"Section 40-59-90. The commission may revoke, suspend, or restrict for a period not to exceed one year the license of a residential builder, certificate of a residential specialty contractor, or registration of a residential specialty contractor who, in the opinion of the commission, has committed fraud or deceit in obtaining a license or certificate or in registering as required by the provisions of this chapter or has been guilty of gross negligence, incompetence, or misconduct in the practice of home building or residential specialty contracting. A person, including the commission, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against a residential builder licensed under this chapter or a residential specialty contractor certified or registered under this chapter. The charges must be made to the commission in writing and sworn to by the person so charging and must be submitted to the director of the commission.
The charges, unless dismissed without hearing by the commission as unfounded or trivial, must be heard by the commission in an open hearing within three months after the date on which they were preferred. A copy of the charges, together with notice of the time and place of the hearing, must be served legally on the residential builder or residential specialty contractor charged at least thirty days before the fixed date for the hearing. At the hearing the residential builder or residential specialty contractor charged may appear personally or be represented by counsel and may cross-examine witnesses against him and produce evidence and witnesses in his defense. If, after the hearing, a majority of the commission votes in favor of revoking, suspending, or restricting for a period not to exceed one year the license of the residential builder or the certificate or registration of the residential specialty contractor charged on the basis of fraud or deceit in obtaining his license or certificate or in registering with the commission or gross negligence, incompetence, or misconduct in the performance of home building or residential specialty contracting, the commission shall order the license of the residential builder, the certificate of the residential specialty contractor, or the registration of the residential specialty contractor revoked or suspended or restricted for a period not to exceed one year. After the commission revokes or suspends or restricts for a period not to exceed one year the license of the residential builder or the certificate or the registration of the residential specialty contractor, he has ten days to file with the commission written notice of his intention to appeal from the order of the commission. All appeals from the order of the commission are governed by the provisions of Article 3, Chapter 23 of Title 1 (the Administrative Procedures Act).
The commission may reissue a license to a residential builder or certificate to a residential specialty contractor whose license or certificate was previously revoked if a majority of the members of the commission vote in favor of the reissuance."
SECTION 4. Section 40-59-95(A) of the 1976 Code is amended to read:
"(A) In addition to all other remedies provided by law, when it appears to the director, either upon complaint or otherwise, that any person or combination of persons has engaged, or is engaging, in any act of contracting, practice, or transaction which constitutes a violation of this chapter or any regulation or order of the commission, whether or not the person is properly licensed, certified, or registered with the commission, the director may either:
(1) serve upon the person not licensed, certified, or registered under the chapter, by certified mail or by personal service, a cease and desist order requiring the person to cease and desist immediately, upon receipt of the notice, from engaging in the act, practice, or transaction. If the person fails to comply with the order, the director may file an action in the court of common pleas for enforcement of the cease and desist order or file an action pursuant to item (2) of this subsection in the court of common pleas to restrain and enjoin the person from engaging in the act, practice, or transaction and for wilful violation of the order. If the court finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars nor more than two thousand dollars for each violation. Any amount collected as a civil penalty must be remitted pursuant to subsection (B) of this section;
(2) apply through the Attorney General, the administrator of the Department of Consumer Affairs, the county attorney, or solicitor of the county in which the act, practice, or transaction is alleged to have been committed, to the court of common pleas of that county for an injunction restraining the person from engaging in the act, practice, or transaction or doing any act in furtherance of the act, practice, or transaction. Upon a proper showing, a temporary restraining order, a preliminary injunction, or a permanent injunction may be granted without bond. Process in the action may be served upon the defendant in any county of this State where he transacts business or is found."
SECTION 5. Section 40-59-100 of the 1976 Code, as amended by Act 595 of 1990, is further amended to read:
"Section 40-59-100. A complete roster that shows all the names and places of business of the residential builders and residential specialty contractors licensed, certified, or registered by the commission during the preceding year must be prepared annually by the commission and forwarded to and filed with the clerks of court for the several counties."
SECTION 6. Section 40-59-110 of the 1976 Code, as last amended by Act 595 of 1990, is further amended to read:
"Section 40-59-110. The commission shall annually submit to the Governor and the General Assembly a report of its transactions for the preceding year including a complete statement of the receipts and expenditures of the commission, a roster of all the residential builders licensed for that year, all the residential specialty contractors certified or registered for that year, and a list of the residential builders and residential specialty contractors whose license or certificate was revoked, suspended, or restricted by the commission during the preceding year. The commission shall also annually file with the Secretary of State a certified copy of the report at the same time the report is submitted to the Governor and the General Assembly."
SECTION 7. Section 40-59-130 of the 1976 Code, as amended by Act 595 of 1990, is further amended to read:
"Section 4-59-130. Any residential builder or residential specialty contractor who undertakes or attempts to undertake the business of residential building or residential specialty contracting without first having procured a valid license or certificate or registered with from the commission as required in Section 40-59-50 which has neither expired nor been revoked, or who knowingly presents to, or files with, the commission false information for the purpose of obtaining a license or certificate or becoming registered is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned for not less than thirty days.
A residential builder who does not have a license or residential specialty contractor who is not certified or registered as required may not bring any action either at law or in equity to enforce the provisions of any contract for residential building or residential specialty contracting which he entered into in violation of this chapter. Whenever it appears to the commission that any residential builder or residential specialty contractor has violated, or is about to violate, the provisions of this chapter, the commission may in its own name petition the court of common pleas of the county wherein the violation occurred or is about to occur to issue a temporary restraining order enjoining the violation of this chapter, pending a full hearing to determine whether or not the injunction must be made permanent."
SECTION 8. Section 40-59-140 of the 1976 Code, as amended by Act 595 of 1990, is further amended to read:
"Section 40-59-140. The provisions of this chapter do not apply to any person licensed as a general contractor under the provisions of Chapter 11 of Title 40 for the purpose of undertaking the construction, or superintending of construction, of any building, or the improvement, reimprovement, or repair of any building. No residential builder who is licensed pursuant to the provisions of this chapter is also required to be licensed as a general contractor or mechanical contractor under the provisions of Chapter 11 of Title 40 in order to engage in residential building as defined in Section 40-59-10. A mechanical contractor is exempt from the provisions of this chapter relating to residential specialty contractors when engaged in contracting in the classification in which he is licensed to perform mechanical contracting. The Residential Builders Commission is the sole licensing, certifying, and registration board for persons who engage solely in residential building as defined in Section 40-59-10 and in residential specialty contracting as defined in Section 40-59-15."
SECTION 9. Section 40-59-160 of the 1976 Code, as amended by Act 595 of 1990, is further amended to read:
"Section 40-59-160. It is the duty of the building official, or other authority charged with the duty of issuing building or similar permits, of any incorporated municipality or subdivision of the municipality or county to refuse to issue a permit for any undertaking which would classify the applicant as a residential builder or residential specialty contractor under the provisions of this chapter unless the applicant has furnished evidence that he is either licensed, certified, or registered as required by this chapter or exempt from the requirements of this chapter. It is also the duty of the building official, or other authority charged with the duty of issuing building or similar permits, to report to the state licensing board the name and address of any person who, in his opinion, has violated this chapter by accepting or contracting to accomplish work which would classify the person as a residential builder or residential specialty contractor under the provisions of this chapter."
SECTION 10. Sections 40-59-15, 40-59-75, and 40-59-77 of the 1976 Code are repealed.
SECTION 11. This act takes effect upon approval by the Governor./
Renumber to conform.
Amend title and totals to conform.
Rep. CROMER explained the amendment.
Rep. McLEOD spoke against the amendment and moved to table the amendment.
Reps. CROMER, KIRSH, SCOTT, ROGERS and KLAPMAN objected to the Bill.
On motion of Rep. WRIGHT, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3172 -- Reps. Wright, Felder, Koon, Derrick, Sturkie and Sharpe: A BILL TO PROVIDE THAT THE ELECTION OF ALL MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY MUST BE HELD IN NONPARTISAN ELECTIONS AT THE TIME OF THE GENERAL ELECTION, PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES AND CONDUCT OF THE ELECTION, AND TO EXTEND THE TERMS OF THOSE PERSONS AFFECTED BY THESE PROVISIONS.
Rep. RHOAD, with unanimous consent, withdrew his objection to H. 3236 however, other objections remained upon the Bill.
Rep. CHAMBLEE, with unanimous consent, withdrew his objection to H. 3381 however, other objections remained upon the Bill.
Rep. HODGES asked unanimous consent to recall S. 417 from the Committee on Ways and Means.
Rep. CORK objected.
Rep. COOPER, with unanimous consent, withdrew his objection to H. 3381 however, other objections remained upon the Bill.
Rep. GONZALES asked unanimous consent to withdraw his objection to H. 3381.
Rep. KLAPMAN objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3031 -- Reps. P. Harris, Carnell, J. Harris, Mattos, Wilder, Baxley and McAbee: A BILL TO AMEND SECTION 1-11-144, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH AND DENTAL INSURANCE COVERAGE FOR REGIONAL TOURISM PROMOTION COMMISSIONS, SO AS TO DELETE THE REQUIREMENT THAT THE COVERAGE IS PROVIDED THROUGH THE RETIREMENT SYSTEM AND TO PROVIDE FOR COVERAGE FOR COUNTY MENTAL RETARDATION BOARDS FUNDED BY THE STATE MENTAL RETARDATION DEPARTMENT.
Rep. ROGERS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 3067 -- Reps. Wilder, Baxley, Manly, Mattos, Barber, Wright, Corning, Jaskwhich, McTeer, Vaughn, Sharpe, Whipper and Rama: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO DEVELOP A SYSTEM FOR SERVICE DELIVERY FOR PERSONS WITH HEAD AND/OR SPINAL CORD INJURIES IN THIS STATE AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
Rep. WILDER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11650.DW), which was adopted.
Amend the joint resolution, as and if amended, page 1, line 36, by inserting after /various/ /service/.
Amend title to conform.
The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 3385 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPLAY OF LICENSE PLATES, SO AS TO PROHIBIT A CHANGE IN THE APPEARANCE OF A LICENSE PLATE ISSUED BY THE DEPARTMENT.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up.
H. 3379 -- Reps. Gregory, Nettles, Short, Wilkins, Kirsh, Boan and J. Brown: A BILL TO AMEND SECTIONS 48-27-130 AND 48-27-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR QUALIFICATION AS A REGISTERED FORESTER INSIDE AND OUTSIDE SOUTH CAROLINA, SO AS TO DELETE THE REFERENCE TO CHARACTER AND REPUTATION, PROHIBIT REGISTRATION OF PERSONS CONVICTED OF A FELONY OR CRIME INVOLVING MORAL TURPITUDE, AND PROVIDE EXCEPTIONS; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD OF REGISTRATION FOR FORESTERS FOR SIX YEARS.
Rep. M.O. ALEXANDER explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.
Rep. BOAN moved to adjourn debate upon the Senate amendments, which was adopted.
The following Bill was taken up.
H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. LITTLEJOHN moved to adjourn debate upon the Bill until Tuesday, May 21.
Rep. VAUGHN moved to table the motion.
Rep. McELVEEN demanded the yeas and nays, which were not ordered.
The motion to adjourn debate was tabled by a division vote of 36 to 30.
Rep. LITTLEJOHN spoke against the Bill.
Reps. FAIR and BURRISS spoke in favor of the Bill.
Rep. LITTLEJOHN moved to table the Bill.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beatty Foster Holt Keesley Kempe Kirsh Littlejohn Marchbanks McElveen McGinnis McTeer Ross Rudnick Scott Shirley Wells
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, K. Baker Beasley Bennett Boan Brown, G. Brown, H. Burch Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Houck Huff Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Keyserling Kinon Klapman Koon Manly Martin, L. Martin, M. McAbee McCain McCraw Meacham Neilson Phillips Quinn Rama Rhoad Sheheen Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the Bill.
Rep. McELVEEN spoke against the Bill.
Rep. HOLT moved to continue the Bill.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Barber Baxley Beatty Bennett Brown, G. Bruce Cole Felder Foster Glover Harris, P. Hodges Holt Houck Huff Inabinett Keesley Kempe Keyserling Kirsh Littlejohn Manly Martin, D. Mattos McElveen McGinnis McKay Nettles Rogers Rudnick Scott Sharpe Smith Townsend Tucker Waites Wells Wilkes Williams, J.
Those who voted in the negative are:
Alexander, T.C. Altman Baker Beasley Boan Brown, H. Burch Burriss Carnell Cato Chamblee Corbett Cork Corning Cromer Elliott, L. Fair Farr Fulmer Gentry Gonzales Hallman Harris, J. Harwell Haskins Hayes Jennings Johnson, J.W. Kinon Koon Marchbanks Martin, L. McAbee McCain McCraw Meacham Neilson Phillips Quinn Rama Ross Sheheen Short Snow Stoddard Sturkie Vaughn Waldrop Wilkins Williams, D. Wofford Wright Young, A. Young, R.
So, the House refused to continue the Bill.
The Bill was then read the third time and ordered sent to the Senate.
Rep. CORK moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Baker Barber Baxley Bennett Bruce Burriss Clyborne Corbett Cork Farr Felder Foster Fulmer Gonzales Hallman Harris, P. Harwell Holt Houck Keyserling Kinon Kirsh Littlejohn Martin, D. Mattos McCain McCraw McGinnis McKay Neilson Nettles Phillips Ross Sharpe Shirley Snow Townsend Wells Whipper Williams, D. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Beasley Boan Brown, H. Carnell Cato Chamblee Cole Corning Cromer Elliott, L. Fair Gentry Glover Harris, J. Haskins Hayes Hendricks Hodges Huff Inabinett Jennings Johnson, J.W. Keegan Keesley Klapman Koon Lanford Manly Marchbanks Martin, L. Martin, M. McAbee Meacham Quinn Rama Rogers Rudnick Scott Sheheen Smith Stoddard Sturkie Tucker Vaughn Waites Waldrop Wilkes Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
The following Concurrent Resolution was taken up.
H. 3757 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INCLUDE AN ADDITIONAL PORTION OF HIGHWAY 9 IN DILLON COUNTY IN THE BOULEVARD WHICH WAS NAMED IN HONOR OF TROOPER GEORGE T. RADFORD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.
Whereas, the Department of Highways and Public Transportation by Concurrent Resolution H. 4094 was requested to name that portion of the South Carolina Highway 9 Bypass in Dillon County from I-95 to U.S. 301 as the George T. Radford Memorial Boulevard; and
Whereas, pursuant to the resolution the department named this highway in the manner requested above; and
Whereas, the members of the General Assembly, by this resolution, request the department to include an additional portion of Highway 9 in the George T. Radford Memorial Boulevard. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to include that portion of South Carolina Highway 9 beginning at the CSX Railroad and running west on South Carolina Highway 9 to the Dillon City limits at Wix Road in the George T. Radford Memorial Boulevard.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3758 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 22 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CARMICHAEL'S BRIDGE AND THE BRIDGE ON HIGHWAY 45 OVER THE LITTLE PEE DEE RIVER IN DILLON COUNTY AS CAMPBELL'S BRIDGE.
Whereas, two bridges over the Little Pee Dee River in Dillon County have important historical significance in that these bridges also identify the communities surrounding them; and
Whereas, the members of the General Assembly, by this resolution, believe it would be appropriate to formally name these bridges in the manner they were historically known. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, hereby request the Department of Highways and Public Transportation to name the bridge on Highway 22 over the Little Pee Dee River in Dillon County as Carmichael's Bridge and the bridge on Highway 45 over the Little Pee Dee River in Dillon County as Campbell's Bridge.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3820 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING UNDER CONSTRUCTION IN HUGER AS THE "RALPH HAMER, SR., BOAT LANDING".
Whereas, a boat landing at the Huger Bridge crossing County Road 98 in Huger, South Carolina, known as The Quinby Creek Boat Landing, is under construction; and
Whereas, Ralph Hamer, Sr., of Moncks Corner heads up the Berkeley County Rescue Squad and has been actively involved in the community for many years; and
Whereas, Mr. Hamer is an independent Nationwide Insurance Agent, is a football coach at Cross High School, and is actively involved in the Moncks Corner United Methodist Church; and
Whereas, married to Vonnie Hamer and the father of four children, it would be a fitting tribute to Ralph Hamer if this boat landing was named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Wildlife and Marine Resources Commission to name the new boat landing under construction in Huger as the "Ralph Hamer, Sr., boat landing".
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Wildlife and Marine Resources Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3898 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ESTABLISH A SOUTHEASTERN MARKETING REGION COMPRISED OF UP TO FOURTEEN SOUTHEASTERN STATES WHEREBY THE PRICE OF MILK IN THIS MARKETING REGION WILL BE BASED ON THE AVERAGE PRICE IN THE REGION RATHER THAN ON THE WISCONSIN-MINNESOTA BASE PRICE.
Whereas, the federal government through the Department of Agriculture and other agencies establishes the minimum price for milk not through a program of direct price supports but through a program of buying excess milk; and
Whereas, in the United States, milk prices are determined through the establishment of a base price for the country known as the Wisconsin-Minnesota average which essentially is the average price for milk in the marketing region where these two states are located; and
Whereas, price differentials for other marketing regions are established with differentials from the base region price depending on factors such as transportation costs; and
Whereas, this system sometimes results in prices for milk in particular locations throughout the country which are not reflective of the true costs of producing and marketing milk in that region as well as causing a great instability in the price producers are paid for milk in that region; and
Whereas, insofar as the southeastern states are concerned, it would be better for farmers, merchants, and consumers alike if a southeastern marketing region comprised of as many as fourteen states were established with the base price for milk in this region being based on the southeastern region average rather than on the Wisconsin-Minnesota average; and
Whereas, in addition to establishing this southeastern marketing region, the Congress may also wish to consider establishing similar marketing regions for the Northeast, Midwest, and West regions where the base price for milk would also be the average in those regions; and
Whereas, the members of the General Assembly, by this resolution, state their belief that the Congress should enact such legislation as will accomplish the above. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby memorialize Congress to establish a southeastern marketing region comprised of up to fourteen southeastern states whereby the price of milk in this marketing region will be based on the average price in the region rather than on the Wisconsin-Minnesota base price.
Be it further resolved that a copy of this resolution be forwarded to each United States Senator from South Carolina, each member of the House of Representatives from South Carolina, the Senate of the United States and the House of Representatives of the United States.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 748 -- Senators Land and Lourie: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE SECRETARY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE TO ACT TO ASSIST DAIRY FARMERS IN OBTAINING A FAIR PRICE FOR THEIR MILK AND IN PREVENTING UNNECESSARY FINANCIAL HARDSHIPS TO THE FARMERS.
Whereas, the members of the General Assembly are concerned about the plight of South Carolina dairy farmers; and
Whereas, the General Assembly desires to encourage sound economic development through the state's dairy industry; and
Whereas, dairy farmers have been facing cuts in the prices they receive for their milk due primarily to a drop in the Minnesota-Wisconsin Base approved formula price for Class I milk under federal milk-marketing orders; and
Whereas, Section 103(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 requires the Secretary of Agriculture to review the formula price mechanism, referred to as the Minnesota-Wisconsin price series, and assess its viability in a report to Congress; and
Whereas, New York Congressman Walsh introduced H.R. 1494 which creates a national super-pooling of the milk price for all Grade A producers of milk which would generate a $1.25 increase per hundred weight in the price paid to dairy farmers; and
Whereas, additional emergency assistance may be necessary to enable financially strapped dairy farmers to stay in business. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize Congress and the Secretary of the United States Department of Agriculture to act by enacting H.R. 1494, investigating the availability of emergency funds for financially strapped dairy farmers, and endeavoring to provide available funding.
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional delegation, Congressman E. de La Garza, Chairman of the United States House of Representatives Agriculture Committee, and Senator Patrick Leahy, Chairman of the United States Senate Committee on Agriculture, Nutrition and Forestry.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 880 -- Senators Lourie, Patterson, Giese, Courson, Setzler, Shealy, Wilson and J. Verne Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE THAT SPANS THE CONGAREE RIVER ON THE SOUTHEASTERN BELTWAY FOR JUDGE ALEXANDER M. SANDERS, JR.
Whereas, Alexander M. Sanders, Jr., has always been active in state and local affairs including service as president of the South Carolina Trial Lawyers Association and president of the American Bar Association Council of Chief Judges of Courts of Appeals; and
Whereas, he has served on the Adjunct Faculties of both the University of South Carolina School of Law and Harvard Law School; and
Whereas, Alex Sanders' public service includes being a member of the South Carolina House of Representatives (1967-1974) and the South Carolina Senate (1977-1983); and
Whereas, he was elected as Chief Judge of the South Carolina Court of Appeals on July 27, 1983, and has served continuously since; and
Whereas, in order to recognize his remarkable contributions and the distinguished career of this great South Carolinian, the members of the General Assembly believe it would be fitting to name the bridge on the Southeastern Beltway over the Congaree River in honor of Alexander M. Sanders, Jr., in recognition of his many years of honorable service and outstanding contributions to the State of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby request the Department of Highways and Public Transportation to name the bridge that spans the Congaree River on the Southeastern Beltway for Judge Alexander M. Sanders, Jr.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. FAIR moved to recall H. 3687 from the Education and Public Works Committee.
As a first substitute, Rep. L. MARTIN moved to dispense with the balance of the Motion Period.
As a second substitute, Rep. HODGES moved to recall S. 417 from the Ways and Means Committee, which was agreed to.
Rep. CARNELL moved to commit S. 474 to the Ways and Means Committee, retaining its place on the calendar.
As a first substitute, Rep. L. MARTIN moved to dispense with the balance of the Motion Period.
As a second substitute, Rep. HUFF moved to recall H. 3712 from the Judiciary Committee, which was agreed to.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period.
As a first substitute, Rep. CARNELL moved to commit S. 474 to the Ways and Means Committee, retaining its place on the calendar.
As a second substitute, Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was rejected.
The question then recurred to the motion to commit S. 474 to the Ways and Means Committee, retaining its place on the Calendar.
As a second substitute, Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was rejected.
As a second substitute, Rep. TUCKER moved to recommit H. 3296 to the Committee on Judiciary, retaining its place on the Calendar, which was agreed to.
Rep. MATTOS moved to commit S. 474 to the Ways and Means Committee, retaining its place on the Calendar.
As a first substitute, Rep. WHITE moved to recommit H. 3476 to the Judiciary Committee.
As a second substitute, Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to by a division vote of 62 to 15.
Rep. FAIR moved that the House recur to the morning hour, which was rejected by a division vote of 45 to 46.
Rep. J.W. JOHNSON moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up.
H. 3090 -- Reps. Keyserling, Hodges, P. Harris, Waldrop, Rudnick, Wilder, Kempe, Manly, Whipper, Mattos and Waites: A BILL TO AMEND CHAPTER 77, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEATH WITH DIGNITY ACT, BY ADDING SECTION 44-77-85 SO AS TO AUTHORIZE A DECLARANT TO DESIGNATE AN AGENT TO ACT ON HIS BEHALF TO ENSURE THAT THE DECLARATION IS GIVEN EFFECT; TO AMEND SECTION 44-77-20, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITIONS OF "LIFE-SUSTAINING PROCEDURES" AND "TERMINAL CONDITION" AND ADD THE DEFINITIONS OF "PERMANENT UNCONSCIOUSNESS" AND "AGENT"; SECTION 44-77-30, AS AMENDED, RELATING TO WITHHOLDING LIFE-SUSTAINING PROCEDURES, SO AS TO CLARIFY THAT ACTIVE TREATMENT MUST BE ADMINISTERED BEFORE GIVING EFFECT TO A DECLARATION; SECTION 44-77-40, AS AMENDED, RELATING TO QUALIFICATIONS FOR WITNESSES TO A DEATH WITH DIGNITY DECLARATION, SO AS TO FURTHER LIMIT WHO MAY BE A WITNESS TO A DECLARATION; SECTION 44-77-50, AS AMENDED, RELATING TO THE FORM OF A DECLARATION, SO AS TO INCLUDE THE REVISED DEFINITION OF TERMINAL CONDITION, PROVIDE SPECIFIC DIRECTIONS REGARDING TUBE FEEDING WHICH A DECLARANT MAY CHOOSE, PROVIDE FOR THE APPOINTMENT OF AN AGENT, AND REVISE THE LANGUAGE PERTAINING TO THE REVOCATION OF A DECLARATION; AND SECTION 44-77-80, AS AMENDED, RELATING TO REVOCATION OF A DECLARATION, SO AS TO REMOVE THE AUTHORITY OF AN AGENT TO REVOKE A DECLARATION AND INCLUDE THAT THE DECLARANT MAY REVOKE A DECLARATION BY EXECUTING A SUBSEQUENT DECLARATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7328.AC), which was adopted.
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 44-77-85. The declarant may indicate in the declaration whether he wants to appoint an agent to act on his behalf in assuring that the declaration is given effect by petitioning the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. The authority of a person designated pursuant to this section is not affected by the subsequent appointment of a guardian or by the declarant's execution of a durable power of attorney before or after execution of the declaration. If the agent is not reasonably available, or is unable or unwilling to ensure that the declaration be given effect, an interested person may petition the court of common pleas for an order directing providers to withhold or withdraw treatment as provided in the declaration. Nothing in this section alters the self-executing nature of a declaration or requires that a court order be obtained or other affirmative action be taken to make the declaration valid or to bring about its implementation. This section does not apply to a declaration that has been revoked as provided in Section 44-77-80."
SECTION 2. Section 44-70-20 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-20. As used in this chapter:
(1) 'Declarant' means a person who has signed a declaration in accordance with Sections 44-77-40 and 44-77-50, in accordance with earlier, current, or future versions of this chapter, or in accordance with the law of another state if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40.
(2) 'Life-sustaining procedures' means any medical procedures or intervention which would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not the procedures are utilized. Life-sustaining procedures do not include the administration of medication or the provision of other treatment, nutrition, and hydration for comfort care or alleviation of pain. The declarant shall indicate in the declaration whether the provision of nutrition and hydration through medically or surgically implanted tubes is to be treated as a life-sustaining procedure. Pursuant to a lawfully executed declaration if the declarant fails to give instructions by initialing the appropriate statements concerning nutrition and hydration, nutrition and hydration necessary for comfort care or alleviation of pain will be provided.
(3) 'Physician' means any a person licensed to practice medicine.
(4) 'Terminal condition' means an incurable or irreversible condition that, within reasonable medical judgment, could cause without the use of life-sustaining procedures, will result in death within a relatively reasonably short period of time if life-sustaining procedures are not used.
(5) 'Active treatment' means the standard of reasonable professional care that would be rendered by a physician to a patient in the absence of a declaration including, but not limited to, hospitalization and medication.
(6) 'Person' means an individual, partnership, committee, association, corporation, hospital, or any other organization or group.
(7) 'Permanent unconsciousness' means a medical diagnosis, consistent with accepted standards of medical practice, that a person is in a persistent vegetative state or some other irreversible condition in which the person has no neocortical functioning, but only involuntary vegetative or primitive reflex functions controlled by the brain stem."
SECTION 3. Section 44-77-30 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-30. If any a person eighteen years of age or older adopts a declaration that is substantially in the form provided in Section 44-77-50, whether executed before or after an amendment is made to the form, and that on its face is duly executed, witnessed, and authenticated as provided in Section 44-77-40 or on its face is in compliance with the law of the state of the declarant's domicile at the time that the declaration is adopted, if the declaration provided for by the law expresses an intent that is substantially the same as the intent of the declaration provided in Section 44-77-40, and the person's present condition is certified to be terminal or to be in a state of permanent unconsciousness by two physicians who personally have examined the declarant, one of whom is the declarant's attending physician, and the other of whom is a physician other than the attending physician, then life-sustaining procedures may be withheld or withdrawn upon the direction and under the supervision of the attending physician. A certification based upon a diagnosis of permanent unconsciousness may not be made until the declarant has remained unconscious for at least sixty days with no intervening periods of consciousness. All patients with life-threatening conditions that are diagnosed as terminal or in a state of permanent unconsciousness must be administered active treatment for at least six hours following the diagnosis before the physician may give effect to a declaration."
SECTION 4. Section 44-77-40 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-40. A declaration is valid:
(1) which expresses substantially in the form set forth in Section 44-77-50 a desire of the declarant that no life-sustaining procedures be used to prolong dying if his condition is terminal or if he is permanently unconscious and states that the declarant is aware that the declaration authorizes a physician to withhold or withdraw life-sustaining procedures; and
(2) which has been dated and signed by the declarant in the presence of an officer authorized to administer oaths under the laws of the state where the signing occurs and in the presence of two witnesses who state in an affidavit as set forth in Section 44-77-50 that, to the extent they have knowledge of their status, they are not related to the declarant by blood, or marriage, or adoption, either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them, not directly financially responsible for the person's medical care, not entitled to any a portion of the estate of the declarant upon his decease under any a will of the declarant then existing or as an heir by intestate succession, and not a beneficiary of a life insurance policy of the declarant, and who state that no more than one witness is an employee of a health facility in which the declarant is a patient and that no witness to the declaration is the attending physician or an employee of the attending physician or any a person who has a claim against any a portion of the estate of the declarant upon his decease at the time of the execution of the declaration;
(3) which, if the declarant is a patient in a hospital or skilled or intermediate care a resident in a nursing care facility at the time the declaration is executed, has been witnessed by an ombudsman as designated by the State Ombudsman, Office of the Governor, with the ombudsman acting as one of the two witnesses and having the same qualifications as a witness as provided in this section. The intent of this section item is to recognize that some patients residents in skilled or intermediate care nursing care facilities may be so insulated from a voluntary decision-making role, by virtue of the custodial nature of their care, as to require special assurance that they are capable of wilfully and voluntarily executing a declaration; and
(4) which accompanying affidavit has been subscribed and sworn to by the two witnesses in the presence of the declarant, and of each other, and of an officer authorized to administer oaths under the laws of the state where the signing occurs."
SECTION 5. Section 44-77-50 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-50. The declaration must be substantially in the following form with the procedure and requirements for revocation of the declaration appearing either in boldface print or in all upper case letters, the characters in either case being of at least the same size as used in the rest of the declaration:
STATE OF SOUTH CAROLINA DECLARATION
COUNTY OF _______________ OF A DESIRE
FOR A NATURAL DEATH
I, _____________, Declarant, being at least eighteen years of age and a resident of and domiciled in the City of ______________, County of _________________, State of South Carolina, make this Declaration this day of ______________, 19___.
I wilfully and voluntarily make known my desire that no life-sustaining procedures be used to prolong my dying if my condition is terminal or if I am in a state of permanent unconsciousness, and I declare:
If at any time I have a condition certified to be a terminal condition by two physicians who have personally examined me, one of whom is my attending physician, and the physicians have determined that my death will could occur within a relatively reasonably short period of time without the use of life-sustaining procedures or if the physicians certify that I am in a state of permanent unconsciousness and where the application of life-sustaining procedures would serve only to prolong the dying process, I direct that the procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure necessary to provide me with comfort care.
INSTRUCTIONS CONCERNING ARTIFICIAL NUTRITION AND HYDRATION
INITIAL ONE OF THE FOLLOWING STATEMENTS
If my condition is terminal and could result in death within a reasonably short time,
__________I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
__________I direct that nutrition and hydration NOT BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
INITIAL ONE OF THE FOLLOWING STATEMENTS
If I am in a persistent vegetative state or other condition of permanent unconsciousness,
_________I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
_________I direct that nutrition and hydration NOT BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes.
In the absence of my ability to give directions regarding the use of life-sustaining procedures, it is my intention that this Declaration be honored by my family and physicians and any health facility in which I may be a patient as the final expression of my legal right to refuse medical or surgical treatment, and I accept the consequences from the refusal.
I am aware that this Declaration authorizes a physician to withhold or withdraw life-sustaining procedures. I am emotionally and mentally competent to make this Declaration.
APPOINTMENT OF AN AGENT (OPTIONAL)
1. You may give another person authority to revoke this declaration on your behalf. If you wish to do so, please enter that person's name in the space below.
Name of agent with Power to Revoke:______________
Address:_________________________________________
Telephone Number:_______________________________
2. You may give another person authority to enforce this declaration on your behalf. If you wish to do so, please enter that person's name in the space below.
Name of Agent with Power to
Enforce:__________________________________________
Address: _________________________________________
Telephone Number: _______________________________
_
THIS DECLARATION MAY BE REVOKED BY ANY ONE OF THE FOLLOWING METHODS. HOWEVER, A REVOCATION IS NOT EFFECTIVE UNTIL IT IS COMMUNICATED TO THE ATTENDING PHYSICIAN.:
(1) BY BEING DEFACED, TORN, OBLITERATED, OR OTHERWISE DESTROYED, IN EXPRESSION OF THE DECLARANT'S YOUR INTENT TO REVOKE, BY THE DECLARANT YOU OR BY SOME PERSON IN THE YOUR PRESENCE OF AND BY THE YOUR DIRECTION OF THE DECLARANT. REVOCATION BY DESTRUCTION OF ONE OR MORE OF MULTIPLE ORIGINAL DECLARATIONS REVOKES ALL OF THE ORIGINAL DECLARATIONS. THE REVOCATION OF THE ORIGINAL DECLARATIONS ACTUALLY NOT DESTROYED BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION;
(2) BY A WRITTEN REVOCATION SIGNED AND DATED BY THE DECLARANT YOU EXPRESSING HIS YOUR INTENT TO REVOKE. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME AND DATE WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE WRITTEN REVOCATION;
(3) BY AN YOUR ORAL EXPRESSION BY THE DECLARANT OF HIS YOUR INTENT TO REVOKE THE DECLARATION. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DECLARANT. HOWEVER, AN ORAL REVOCATION MADE BY THE DECLARANT BECOMES EFFECTIVE UPON COMMUNICATION COMMUNICATED TO THE ATTENDING PHYSICIAN BY A PERSON OTHER THAN THE DECLARANT YOU IS EFFECTIVE ONLY IF:
(a) THE PERSON WAS PRESENT WHEN THE ORAL REVOCATION WAS MADE;
(b) THE REVOCATION WAS COMMUNICATED TO THE PHYSICIAN WITHIN A REASONABLE TIME;
(c) THE YOUR PHYSICAL OR MENTAL CONDITION OF THE DECLARANT MAKES IT IMPOSSIBLE FOR THE PHYSICIAN TO CONFIRM THROUGH SUBSEQUENT CONVERSATION WITH THE DECLARANT YOU THAT THE REVOCATION HAS OCCURRED.
THE ATTENDING PHYSICIAN SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN HE RECEIVED NOTIFICATION OF THE REVOCATION. TO BE EFFECTIVE AS A REVOCATION, THE ORAL EXPRESSION CLEARLY MUST INDICATE A YOUR DESIRE THAT THE DECLARATION NOT BE GIVEN EFFECT OR THAT LIFE-SUSTAINING PROCEDURES BE ADMINISTERED;
(4) BY A WRITTEN, SIGNED, AND DATED REVOCATION OR AN ORAL REVOCATION BY A PERSON DESIGNATED BY THE DECLARANT IN THE DECLARATION, EXPRESSING THE DESIGNEE'S INTENT PERMANENTLY OR TEMPORARILY TO REVOKE THE DECLARATION. THE REVOCATION BECOMES EFFECTIVE ONLY UPON COMMUNICATION TO THE ATTENDING PHYSICIAN BY THE DESIGNEE. THE ATTENDING PHYSICIAN SHALL RECORD IN THE DECLARANT'S MEDICAL RECORD THE TIME, DATE, AND PLACE OF THE REVOCATION AND THE TIME, DATE, AND PLACE, IF DIFFERENT, OF WHEN THE PHYSICIAN RECEIVED NOTIFICATION OF THE REVOCATION. A DESIGNEE MAY REVOKE ONLY IF THE DECLARANT IS INCOMPETENT TO DO SO. IF THE DECLARANT WISHES TO DESIGNATE A PERSON WITH AUTHORITY TO REVOKE THIS DECLARATION ON HIS BEHALF, THE NAME AND ADDRESS OF THAT PERSON MUST BE ENTERED BELOW: THIS DECLARATION ON HIS BEHALF, THE NAME AND ADDRESS OF THAT PERSON MUST BE ENTERED BELOW:
________________ _____________________
NAME OF DESIGNEE _____________________
ADDRESS
IF YOU, IN THE SPACE ABOVE, HAVE AUTHORIZED AN AGENT TO REVOKE THE DECLARATION, THE AGENT MAY REVOKE ORALLY OR BY A WRITTEN, SIGNED, AND DATED INSTRUMENT. AN AGENT MAY REVOKE ONLY IF YOU ARE INCOMPETENT TO DO SO. AN AGENT MAY REVOKE THE DECLARATION PERMANENTLY OR TEMPORARILY.
(5) BY YOUR EXECUTING ANOTHER DECLARATION AT A LATER TIME.
________________________________
Signature of Declarant
STATE OF ______________ AFFIDAVIT
COUNTY OF ______________
We, ____________________ and __________________, the undersigned witnesses to the foregoing Declaration, dated the ______ day of _____________, 19___, being first duly sworn, declare to the undersigned authority, on the basis of our best information and belief, that the Declaration was on that date signed by the declarant as and for his DECLARATION OF A DESIRE FOR A NATURAL DEATH in our presence and we, at his request and in his presence, and in the presence of each other, subscribe our names as witnesses on that date. The declarant is personally known to us, and we believe him to be of sound mind. Each of us affirms that he is qualified as a witness to this Declaration under the provisions of the South Carolina Death With Dignity Act in that he is not related to the declarant by blood, or marriage, or adoption,either as a spouse, lineal ancestor, descendant of the parents of the declarant, or spouse of any of them; nor directly financially responsible for the declarant's medical care; nor entitled to any portion of the declarant's estate upon his decease, whether under any will or as an heir by intestate succession; nor the beneficiary of a life insurance policy of the declarant; nor the declarant's attending physician; nor an employee of the attending physician; nor a person who has a claim against the declarant's decedent's estate as of this time. No more than one of us is an employee of a health facility in which the declarant is a patient. If the declarant is a patient resident in a hospital or skilled or intermediate care nursing care facility at the date of execution of this Declaration, at least one of us is an ombudsman designated by the State Ombudsman, Office of the Governor.
____________________________
Witness
____________________________
Witness
Subscribed before me by _______________, the declarant, and subscribed and sworn to before me by _______________ and ________________, the witnesses, this ______ day of __________________, 19___.
_______________________
Signature
Notary Public for ___________________
My commission expires:_______________
SEAL"
SECTION 6. Section 44-77-80(4) of the 1976 Code, as last amended by Act 586 of 1988, is further amended by adding:
"(5) by the declarant's execution of a subsequent declaration."
SECTION 7. Section 44-77-90 of the 1976 Code, as last amended by Act 586 of 1988, is further amended to read:
"Section 44-77-90. After certification of a terminal condition or a state of permanent unconsciousness, any person who relies on a declaration which on its face appears to have been executed in accordance with the provisions of this chapter, of which he has no actual notice of revocation, and who withholds or withdraws or participates in the withholding or withdrawal of life-sustaining procedures from the terminally ill or permanently unconscious patient who executed the declaration, is presumed to be acting in good faith. A physician who in good faith certifies that a patient's condition is terminal or that the patient is permanently unconscious is not subject to liability merely on account of certification. Any person who in good faith and in accordance with the provisions of this chapter participates in the withholding or withdrawal of life-sustaining procedures from the patient is not subject to criminal or civil liability on account of the withholding or withdrawal. The immunity from civil liability does not extend to cases of provable malpractice committed in connection with the withholding or withdrawal in which a physician deviates from standards of reasonable medical care in connection with the decision to withhold or withdraw."
SECTION 8. The validity of a declaration made pursuant to Chapter 77, Title 44 of the 1976 Code properly executed before the effective date of this act is not affected by the amendments to Chapter 77, Title 44 of the 1976 Code contained in this act.
SECTION 9. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. KEEGAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\1478.AC), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, Section 44-77-20(2) on page ii by striking the last sentence beginning on line 35 and inserting: /Pursuant to a lawfully executed declaration if the declarant fails to give instructions by initialing the appropriate statements concerning nutrition and hydration, nutrition and hydration necessary for comfort care or alleviation of pain and necessary to sustain or maintain life will be provided./
Amend title to conform.
Rep. KEEGAN explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Barber Baxley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Cole Cork Foster Fulmer Gentry Hallman Harris, J. Harris, P. Harvin Hendricks Hodges Houck Huff Jennings Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McCraw McGinnis McKay McTeer Neilson Quinn Rhoad Rudnick Sharpe Smith Snow Waites Wilder Williams, D. Williams, J. Wofford
Those who voted in the negative are:
Alexander, T.C. Bailey, K. Baker Brown, G. Carnell Cato Chamblee Clyborne Cooper Corbett Cromer Elliott, L. Fair Gonzales Haskins Hayes Holt Jaskwhich Keegan Koon Martin, M. McAbee McCain McLeod Meacham Phillips Rama Rogers Ross Scott Sheheen Shirley Stoddard Sturkie Townsend Tucker Vaughn Waldrop Wells Whipper White Wilkins Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BR1\1368.AC), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, Section 44-77-30, as contained in SECTION 3, by deleting the sentence beginning on page iv, line 1, which reads: /A certification based upon a diagnosis of permanent unconsciousness may not be made until the declarant has remained unconscious for at least sixty days with no intervening periods of consciousness./ and inserting: /A certification based upon a diagnosis of permanent unconsciousness may be made after the declarant has remained unconscious for at least sixty days with no intervening periods of consciousness or at any time if based upon acceptable standards of medical practice, including an appropriate period of observation./
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 62 to 14.
Rep. RUDNICK proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\BR1\1326.AC).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 44-77-65. A declarant whose declaration is executed in accordance with earlier versions of this chapter or in accordance with the law of another state may supplement that declaration by executing a document containing the provisions for 'Instructions Concerning Artificial Nutrition and Hydration' as provided for in Section 44-77-50 which must be signed by the declarant and witnessed in accordance with this chapter."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK was recognized.
Rep. STURKIE moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Baker Barber Baxley Beatty Bennett Brown, G. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Fair Felder Foster Fulmer Glover Gonzales Harrison Harvin Harwell Haskins Hendricks Holt Inabinett Jaskwhich Kirsh Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McCain McCraw McGinnis McKay McLeod Neilson Nettles Phillips Rhoad Ross Sharpe Short Sturkie Townsend Vaughn Wells Whipper White Wilkes Williams, D. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Boan Brown, H. Brown, J. Burriss Cork Corning Cromer Elliott, D. Gentry Harris, P. Hayes Hodges Huff Johnson, J.W. Keegan Keesley Keyserling Klapman Manly Mattos McElveen McTeer Meacham Quinn Rama Rudnick Scott Sheheen Shirley Smith Snow Stoddard Tucker Waites Waldrop Wilkins Williams, J. Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 4, Rep. RUDNICK having been recognized.
The Senate returned to the House with concurrence the following:
H. 3944 -- Rep. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE JARRELL M. BROWN ON HIS FIFTIETH ANNIVERSARY AT COWDEN PLANTATION IN JACKSON, SOUTH CAROLINA.
At 12:20 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Mrs. Frances Oxner, to meet at 10:00 A.M. tomorrow.
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