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:
We thank You, Heavenly Father, for the revelation of Yourself and of Your way given in Your Holy Word. Cause us to use the Bible as a lightpost - not merely to lean upon but also as a light to illumine our daily paths even amid pain and disappointment. May its teaching inspire us to the best, knowing that a hill is not made smaller by waiting, and that obstacles are what we see when we take our eyes off our goals. Give us such a full measure of integrity as to hold firm when others are not looking. Grant to us the confident assurance that God will satisfy our needs, but not our greeds.
Hear us, Lord, in our prayer of praise and thanksgiving. 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. CARNELL moved that when the House adjourns, it adjourn in memory of Mr. Bruce Ezell of Ninety Six, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1392
Promulgated By Department of Social Services
Consent for Abortion on Minors
Received By Speaker April 30, 1991
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date August 28, 1991
Document No. 1337
Promulgated By Department of Health and Environmental Control
Standards for Licensing Day Care Facilities for Adults
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Resubmitted May 1, 1991
Revised expiration date: May 21, 1991
Document No. 1338
Promulgated By Board of Registration for Professional Engineers and Land Surveyors
Article 4. Minimum Standards Manual for Practice of Land Surveying in South Carolina
Referred to House Committee on Labor, Commerce and Industry
Withdrawn and resubmitted April 30, 1991
Revised expiration date: May 29, 1991
The following was received.
Columbia, S.C., April 30, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Stilwell and Washington of the Committee of Conference on the part of the Senate on H. 3743:
H. 3743 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.
Very respectfully,
President
No. 377
Received as information.
Rep. BENNETT, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3496 -- Reps. Waites, Corning, Wright, Manly and Whipper: A BILL TO AMEND SECTION 20-7-2700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITIONS OF REGULAR AND PROVISIONAL LICENSES; AND TO AMEND SECTION 20-7-2840, RELATING TO THE REGISTRATION OF FAMILY DAY CARE HOMES, SO AS TO PROVIDE FOR THEIR ELECTION TO BE LICENSED.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3705 -- Reps. Quinn, H. Brown, Corning, Wright and Beasley: A BILL TO AMEND SECTION 33-55-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARITABLE ORGANIZATIONS, SOLICITATION OF CHARITABLE FUNDS, REGISTRATION OF PROFESSIONAL FUND-RAISING COUNSEL AND PROFESSIONAL SOLICITORS, REGISTRATION FEE, AND BONDS, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO ACCEPT A DEPOSIT OF CASH OF FIVE THOUSAND DOLLARS IN LIEU OF THE BOND FOR THE SAME AMOUNT REQUIRED OF THE APPLICANT UNDER THIS SECTION.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3708 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PARKING FOR HANDICAPPED PERSON, SO AS TO PROVIDE THAT A LICENSED PHYSICIAN SHALL CERTIFY DISABILITY UNLESS THE APPLICANT IS AN AGENCY OR ORGANIZATION COMPLYING WITH SECTION 56-3-1910.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3724 -- Reps. Waldrop and Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-7-112 SO AS TO PROVIDE THAT A PERSON PERFORMING BARBERING OR COSMETOLOGY SERVICES MAY NOT BE ARRESTED FOR VIOLATIONS OF THE BARBERING OR COSMETOLOGY ACTS AND TO PROVIDE THAT SUCH PERSON MAY BE ISSUED A CITATION AND SUMMONS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3766 -- Reps. Waldrop and Scott: A BILL TO AMEND SECTIONS 32-7-10 AND 32-7-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND CONTRACT REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS, SO AS TO PROVIDE A DEFINITION OF "COMMON TRUST FUND" AND CLARIFY THE DISPOSITION OF FUNDS FOR THE PRENEED SALE OF A BURIAL VAULT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 752 -- Senators Lourie and Courson: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 617 OF 1990, RELATING TO THE TASK FORCE TO STUDY HOMELESSNESS, SO AS TO PROVIDE ADDITIONAL MEMBERS AND CHANGE THE DATES FOR THE PRESENTATION OF THE TASK FORCE'S INTERIM AND FINAL REPORTS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 812 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO GUIDELINES FOR OPERATION OF COSMETOLOGY SCHOOLS AND PROGRAMS IN PUBLIC SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1367, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 814 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD (DIVISION OF STATE FIRE MARSHAL), RELATING TO FIRE AND LIFE SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1379, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3197 -- Reps. J. Brown, Scott, Glover and Cato: A BILL TO REQUIRE CERTAIN SECURITY DEVICES FOR CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED SECURITY DEVICES ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3531 -- Reps. Rama, J. Williams, H. Brown, G. Bailey, Barber, Whipper, T.C. Alexander, Klapman, Gonzales, R. Young, Beasley, Wofford, Waites, Rogers, J. Bailey, Keegan, Wright, Cork, L. Elliott, Houck, Burriss, M.O. Alexander, Cato, J.C. Johnson, Corning, McLeod, Kirsh, Wells, McGinnis, Rudnick and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45, SO AS TO PROVIDE FOR THE TIMELY PAYMENT OF CLAIMS DUE A LICENSED HEALTH CARE PROVIDER FROM ACCIDENT AND HEALTH INSURERS, TO PROVIDE FOR CONTESTED CLAIMS INCLUDING NOTICE REQUIREMENTS FOR TIMELY ACTION ON DISPUTED CLAIMS, TO PROVIDE THAT FAILURE OF AN INSURER TO PAY CONTESTED CLAIMS IN A TIMELY MANNER IS A BAD FAITH DENIAL UNLESS THE INSURER CAN PROVE ITS FAILURE TO PAY WAS IN GOOD FAITH, TO PROVIDE FOR LIABILITY FOR BAD FAITH DENIAL, TO PROVIDE FOR INTEREST ON DELAYED CLAIMS UNLESS THE INSURER PROVES ITS TIMELY FAILURE TO PAY WAS IN GOOD FAITH, AND TO PROVIDE FOR REFUNDS OF IMPROPER OR EXCESSIVE PAYMENTS, INCLUDING INTEREST ON REFUNDS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3859 -- Rep. J. Bailey: A BILL TO AMEND SECTION 56-10-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION AND CANCELLATION OF CERTAIN MOTOR VEHICLE LIABILITY INSURANCE POLICIES ISSUED TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PERMIT CANCELLATION OF THE POLICY IF THE INSURED HAS SECURED ANOTHER POLICY THAT MEETS THESE FINANCIAL RESPONSIBILITY REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 513 -- Senators Drummond, J. Verne Smith and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 IN TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS, SO AS TO REVISE AND RECODIFY THE LAW RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS BY THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND PROVIDE PENALTIES FOR VIOLATIONS, TO REPEAL CHAPTER 21, TITLE 40 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF ENGINEERS AND LAND SURVEYORS, TO PROVIDE FOR THE CONTINUATION OF REGULATIONS PROMULGATED UNDER PRIOR LAW, TO AUTHORIZE A FEE FOR THE TEMPORARY REGISTRATION OF ENGINEERS, TO PROVIDE FOR THE CONTINUATION IN OFFICE OF THE MEMBERS OF THE SOUTH CAROLINA STATE BOARD FOR REGISTRATION OF ENGINEERS AND LAND SURVEYORS, AND TO SAVE PROCEEDINGS BEFORE THE BOARD ARISING UNDER PRIOR LAW.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 707 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1425 SO AS TO PROVIDE FOR THE FINAL RATE OR PREMIUM CHARGE FOR A PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-455, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO LIMIT THE PROHIBITION ON MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS IN UTILIZING DIFFERENT FILED RATES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO AUTOMOBILE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO AUTHORIZE THE REFUSAL TO WRITE CERTAIN COVERAGE; AND TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO USE OF THE REINSURANCE FACILITY BY AN INSURER, SO AS TO REQUIRE NOTICE TO POLICYHOLDERS OF CERTAIN RISKS CEDED TO THE FACILITY.
Ordered for consideration tomorrow.
Rep. Waldrop, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 741 -- Senators Hayes, Bryan, Fielding, Matthews, Hinds, Nell W. Smith, Wilson, Gilbert, Moore, Leatherman, Holland, Mitchell, Thomas, Helmly, Russell, Waddell, Lourie, Land and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 950 -- Senators Martschink, McConnell, Fielding, Passailaigue and Washington: A CONCURRENT RESOLUTION TO CONGRATULATE FRAN S. HAWK OF CHARLESTON UPON RECEIVING A PRESIDENTIAL CITATION FOR SERVICE AWARD DURING THE LOWCOUNTRY VOLUNTEER OF THE YEAR AWARDS CEREMONY SPONSORED BY THE TRIDENT UNITED WAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill and Joint Resolution were introduced, read the first time and referred to appropriate committees:
H. 3966 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INFECTIOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3967 -- Rep. Wilkins: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE BY THREE MILLS THE TAX MILLAGE WHICH MAY BE LEVIED.
Rule 5.12 was waived with unanimous consent.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Beatty Boan Brown, G. Brown, H. Brown, J. Bruce Burriss Carnell Cato Chamblee Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Fulmer Hallman Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Houck Inabinett Jaskwhich Jennings Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Ross Scott Sheheen Shirley Smith Stoddard Townsend Tucker Vaughn Waites Wells Whipper White Wilkins Williams, D. Wofford Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, May 1.
Howell Clyborne Will McCain Dave C. Waldrop, Jr. Joe Wilder Tim Rogers Larry Gentry Samuel R. Foster Harriet Keyserling Irene K. Rudnick C. Lenoir Sturkie John J. Snow, Jr. Rick Quinn Jack Gregory Tim Wilkes John Felder Morgan Martin Charles Sharpe Stephen Gonzales Dell Baker Maggie W. Glover Jean Harris Ken Bailey Paul Short Tom Huff Steve Lanford Paul M. Burch L. Edward Bennett
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 25.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 24.
Announcement was made that Dr. Michael Holmes of Kingstree is the Doctor of the Day for the General Assembly.
Rep. McLEOD and the Sumter Delegation presented the Sumter High School Gamecocks Football Team and coaches, and recognized them as the winner of the 1990 State Class AAAA, Division I, Championship.
Rep. G. BROWN presented the award winning Mount Pleasant High School Chorus of Mount Pleasant High School in Lee County, and recognized them for their splendid accomplishments. The Chorus performed several selections for the members of the House.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 3952 -- Reps. Gonzales, Barber, Rama, Holt, Hallman, Fulmer, J. Bailey, Whipper, Inabinett, D. Martin and R. Young: A BILL TO PERMIT THE NORTH CHARLESTON DISTRICT TO CONTINUE TO ENTER INTO A FRANCHISE AGREEMENT WITH AN ELECTRIC UTILITY OR SUPPLIER.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3959 -- Reps. Holt, Whipper, J. Bailey, D. Martin, Hallman, Gonzales, Rama, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1991-92 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1991-92.
H. 3476 -- Reps. Barber, Wilkins, J. Williams, Cole, Rama, L. Elliott, Mattos, Burch, Haskins, Jaskwhich, Gregory, Hodges, Koon, J.C. Johnson, Corning, Scott and Sturkie: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF A FIDUCIARY, SO AS TO AUTHORIZE FIDUCIARIES TO INVEST IN MUTUAL FUNDS SPONSORED BY AFFILIATED ORGANIZATIONS.
S. 227 -- Senator Rose: A BILL TO AMEND SECTION 7-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDUCTING SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICES, SO AS TO PROVIDE THAT FOR PURPOSES OF THIS SECTION STATE HOLIDAY DOES NOT MEAN THE GENERAL ELECTION DAY.
H. 3434 -- Rep. Burch: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH THE FEDERALLY-APPROVED STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT AN ATTORNEY-CLIENT RELATIONSHIP IS NOT CREATED BETWEEN THE DEPARTMENT AND THE RECIPIENT OF CHILD SUPPORT SERVICES WHEN AN ASSIGNMENT OF THE RIGHT TO CHILD SUPPORT HAS BEEN GIVEN TO THE STATE BY THE RECIPIENT OF THE SERVICES.
Rep. WOFFORD explained the Bill.
The following Bill was taken up.
H. 3312 -- Rep. Hayes: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9207.AC).
Amend the bill, as and if amended, by striking SECTION 2, page 3, lines 38 and 39, and inserting:
/SECTION 2. Section 8-21-310 of the 1976 Code, as last amended by Act 612 of 1990, is further amended by adding an appropriately numbered item to read:
"( ) for filing, indexing, enrolling, and entering a satisfaction or partial satisfaction of a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, fifty dollars."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HAYES explained the amendment.
Rep. HAYES continued speaking and moved to adjourn debate upon the Bill until Thursday, May 2, which was adopted.
The following Bill was taken up.
H. 3400 -- Reps. Wilkins, Nettles, Burch, Cole, Keesley, M. Martin, Huff, Hayes and D. Martin: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110, SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-60, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, 23-31-360, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, AS AMENDED, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, AS AMENDED, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONY TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, AS AMENDED, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-1-90, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-3-910, 16-3-920, 16-3-1060, AS AMENDED, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-311, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, AS AMENDED, 56-5-2945, AS AMENDED, 56-29-30, 58-13-10, 59-25-250, 59-63-450, 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY; 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190, RELATING TO STEALING TIRES OR TUBES, 16-13-200, RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30, RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE; 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN; 16-15-50 RELATING TO SEDUCTION UNDER PROMISE OF MARRIAGE, 16-15-60 RELATING TO ADULTERY OR FORNICATION, 16-15-70 RELATING TO DEFINITION OF ADULTERY, 16-15-80 RELATING TO DEFINITION OF FORNICATION, 16-15-120 RELATING TO BUGGERY, 16-17-10 RELATING TO PROHIBITION OF BARRATRY, 16-17-20 RELATING TO PERSON CONVICTED OF BARRATRY BARRED FROM PRACTICE OF LAW, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMAN.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3187.AL), which was adopted.
Amend the bill, as and if amended, item (D) of Section 16-1-10, as contained in SECTION 1, page 8, by inserting after line 12:
/16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)/
When amended Section 16-1-10(D) shall read:
/(D) The following felonies are classified as exempt under subsection (A):
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-210 Lynching
16-3-430 Killing in a duel
16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)
16-3-910 Kidnapping (if sentenced for murder)
16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results
23-36-170 Penalty (violation of South
(c),(d) Carolina Explosives Control Act)
Third, fourth, or subsequent offenses
25-7-30 Giving information respecting national or state defense to foreign contacts during war
25-7-40 Gathering information for an enemy
44-53-370 Prohibited Acts A, Penalties
(e)(1)(a)3. (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)
Third or subsequent offenses
44-53-370 Prohibited Acts A, penalties
(e)(1)(b) (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)
44-53-370 Prohibited Acts A, (trafficking
(e)(1)(c) in marijuana, 2000 pounds or more, but less than 10,000 pounds)
44-53-370 Prohibited Acts A, penalties
(e)(1)(d) (trafficking in marijuana, 10,000 pounds of marijuana or more)
44-53-370 Prohibited Acts A, penalties
(e)(2)(a)3. (trafficking in cocaine, 10 grams or more, but less than 28 grams)
Third or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(2)(b)3. (trafficking in cocaine, 28 grams or more, but less than 100 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(c) (trafficking in cocaine, 100 grams or more, but less than 200 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(d) (trafficking in cocaine, 200 grams or more, but less than 400 grams)
44-53-370 Prohibited Acts A, penalties
(e)(2)(e) (trafficking in cocaine, 400 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(3)(a)2. (trafficking in illegal drugs, 4 grams or more but less than 14 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(3)(b) (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)
44-53-370 Prohibited Acts A, penalties
(e)(3)(c) (trafficking in illegal drugs, 28 grams or more)
44-53-370 Prohibited Acts A, penalties
(e)(4)(a)2. (trafficking in methaqualone, 15 grams or more, but less than 150 grams)
Second or subsequent offense
44-53-370 Prohibited Acts A, penalties
(e)(4)(b) (trafficking in methaqualone, 150 grams but less than 1,500 grams)
44-53-370 Prohibited Acts A, penalties
(e)(4)(c) (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)
44-53-370 Prohibited Acts A, penalties
(e)(4)(d) (trafficking in methaqualone, 15 kilograms or more)
44-53-375(A) Possession of less than one gram of crack cocaine
Third or subsequent offense
44-53-375(B) Manufacturing, distributing, dispensing or possessing with intent to distribute or dispense crack cocaine
44-53-375(C) Trafficking in ice, crank, or crack cocaine (100 grams or more)
44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school
58-17-4090 Penalty for obstruction of railroad if death of human being results"./
Amend further, item (2) of subsection (B) of Section 16-13-10, as contained in SECTION 101, page 136, line 7, by inserting after the /./:
/If the forgery does not involve a dollar amount, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years./
When amended Section 16-13-10(B)(2) shall read:
/(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years if the amount of the forgery is more than two hundred dollars but less than one thousand dollars. If the forgery does not involve a dollar amount, the person is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years./
Amend title to conform.
Rep. NETTLES 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. 62 -- Senator Rose: A BILL TO AMEND SECTION 22-1-10(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO REQUIRE COUNTY GOVERNING BODIES TO PROVIDE CERTAIN INFORMATION REGARDING MAGISTRATE POSITIONS TO THE SENATORS IN EACH COUNTY, AND TO PROVIDE THAT THE INFORMATION MUST REMAIN THE SAME AND IS BINDING ON A MAGISTRATE AND A COUNTY THROUGHOUT THE TERM OF OFFICE UNLESS OTHERWISE PROVIDED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11361.DW), which was adopted.
Amend the bill, as and if amended, by striking Section 22-1-10(A) of the 1976 Code, as contained in SECTION 1, page 1, lines 28 through 43, and page 2, lines 1 through 34, and inserting:
/(A). The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years who shall hold their office for the term of four years and until their successors are appointed and qualified.
Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.
At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, each county governing body must inform, in writing, the Senators representing that county of the number of full and part-time magistrate positions available in the county, the number of work hours required by each position, the salary for each position, and the area of the county to which each position is assigned.
Each magistrate's number of work hours, salary, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body at least two years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this paragraph prohibits the raising of salaries during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.
The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section./
Amend further by striking SECTION 2, page 2, lines 36 and 37, and inserting:
/SECTION 2. Notwithstanding whether the names of appointees have been received by the Senate for advice and consent, the information required to be provided by the county within ninety days of May 1, 1991, must be provided within thirty days of the approval of this act by the Governor.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 362 -- Senators Holland, Moore, Matthews and Wilson: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-420, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL, DELETE CERTAIN PROVISIONS OF LAW, AND CHANGE CERTAIN PROVISIONS REGARDING THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11360.DW), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 5, 6, AND 7, page 4, lines 24 through 44, page 5, lines 1 through 44, page 6, lines 1 through 39, page 7, lines 1 through 44, page 8, lines 1 through 44, page 9, lines 1 through 43, and page 10, lines 1 through 44, and inserting:
/SECTION 5. Section 7-13-70 of the 1976 Code, as last amended by Act 497 of 1990, is further amended to read:
"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the Senator and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. The commissioners shall also appoint from among the managers a clerk for each polling place in the county; and none of the officers may be removed from office except for incompetence or misconduct. For primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. After their appointment the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: 'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God.'
It must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct. For the purpose of conducting general or special elections provided for in Section 7-13-10 and primaries, except municipal primaries, each county legislative delegation, upon notification by the delegation chairman, shall meet for the purpose of appointing for each county five commissioners of election. If a delegation does not have a chairman, the senior state senator shall serve as the chairman. Each commissioner shall receive at least half of the votes of the county legislative delegation. The appointments by the county legislative delegation, as provided for in this section, must be reported by the delegation chairman to the State Election Commission by February fifteenth of each even-numbered year. The State Election Commission shall verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. If the delegation chairman does not submit the list of commissioners of election to the State Election Commission by February fifteenth of each even-numbered year, the State Election Commission may appoint the county commissioners of election. The chairmen of the county executive committees of the major political party in the General Assembly and the largest minority party in the General Assembly shall certify the results by signing the list of commissioners of election before the list is sent to the State Election Commission. The term of commissioners of election begins on March first of each even-numbered year. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. The commissioners shall also appoint from among the managers a clerk for each polling place in the county. None of these officers may be removed from office except for incompetence or misconduct. For primaries or special and municipal elections, the authority charged by law with conducting the primaries or special and municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. Sixty days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission shall appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. The authority charged by law with conducting the primaries or special and municipal elections shall also appoint from among the managers a clerk for each polling place in a primary or special or municipal election. After their appointment, all of these commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution:
'I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me God.' and it must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."
SECTION 6. Section 7-13-610 of the 1976 Code is amended to read:
"Section 7-13-610. The State Election Commission and the respective county election commissions shall prepare separate ballots for each political party holding a primary. The ballots for each party shall must contain in print only the names of all the candidates who have filed to run in that particular party primary and shall must have a stub at the top perforated so as to be easily detached. On the stub shall must be printed 'Official State (or County) Ballot, (name of party) Primary', Club No. the name of the county and the precinct, and the date of the primary. On the right side there shall must be a blank line under which shall must be printed 'Initials of Issuing Officer.' The numbers shall run seriatim for each club Stubs on ballots for each precinct must be numbered consecutively, beginning with 'No. 1'. The ballots shall must be furnished by the State committee Election Commission for all except members of the General Assembly, county officers, congressmen less than county officers, and circuit solicitors, for which the county committee election commission shall furnish the ballots. One ballot shall must contain the names of all persons running for State state and federal offices and United States Senator. The other ballot shall must contain the names of all persons running for the General Assembly, county offices, congressmen less than county officers, and solicitors.
All ballots Ballots furnished by the State committee Election Commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words 'Official State Ballot'. and all ballots Ballots furnished by the county committee election commission hereunder under this section shall must have marked thereon on them in plain type, both on the stub and on the ballot proper, the words 'Official County Ballot.'
The State ballot shall be printed on yellow paper and the boxes in which it is to be deposited shall be painted the same color. The county ballot shall be printed on plain white paper and the boxes in which it is to be deposited shall be painted white. The ballot must be printed on paper of a thickness so that the printing cannot be distinguished from the back and must be of a size and color as directed by the State Election Commission. If more than one ballot is to be used in a primary, each ballot must be printed on different colored paper.
The ballot shall must contain a voting square opposite the name of each candidate, and the voter shall vote by putting a mark in the voting square opposite the name of the candidate of his choice."
SECTION 7. Article 5, Chapter 13, Title 7 of the 1976 Code is amended by adding:
"Section 7-13-611. The arrangement of each 'Official County Ballot' for each primary, containing the names of candidates for office, must conform as nearly as practicable to the following plan and contain specified instructions and no others:
(NAME OF PARTY)
NO:
Initials of Issuing Officer
(DATE OF ELECTION)
(NAME OF PRECINCT)
-----------------------------------------------
(NAME OF PARTY)
, 19____
(DATE OF ELECTION)
(NAME OF PRECINCT)
INSTRUCTIONS - Make a cross (X) in the voting square (/ /) opposite the name of each candidate on the ballot for whom you wish to vote. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
__________________________________________________You may vote for one, less than one, but not more than one candidate.
_________________________________________________
SHERIFF / ONE SEAT TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
__________________________________________________You may vote for three, less than three, but not more than three candidates.
__________________________________________________COUNTY COUNCIL / THREE SEATS TO FILL /
(Example)
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
/ / / NAME OF CANDIDATE /
Each 'Official State Ballot' similarly must conform to the plan set forth in this section."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\436\11655.DW), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, page i, line 31, by striking /44/ and inserting /25/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. RAMA proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11699.DW), which was adopted.
Amend the report by the Committee on Judiciary, as and if amended, page iv, Section 7-13-70, line 24, by inserting after /precinct/ /who are not required to be registered to vote in the precinct/.
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
Rep. WILKINS moved to adjourn debate upon the Bill until Thursday, May 2, which was adopted.
The following Bill was taken up.
S. 512 -- Senators Land and Holland: A BILL TO AMEND SECTION 16-3-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO MAKE THEIR CURRENT ADDRESS AND TELEPHONE NUMBER CONFIDENTIAL, SUBJECT TO DISCLOSURE ONLY BY COURT ORDER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11610.DW), which was adopted.
Amend the bill, as and if amended, page 1, in the first paragraph of Section 16-3-1530(C), as contained in SECTION 1, lines 29 through 34, by striking /This information is privileged and must not be disclosed, directly or indirectly, except by order of a court of competent jurisdiction. However, the information may be disclosed to an attorney without a court order as it relates to the representation of his client./ and inserting /This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction./ so that when amended the first paragraph shall read:
/Victims and witnesses who wish to receive notification and information must shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Community Corrections Pardon Services their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case shall have has the responsibility of the rights listed in this subsection, except items (6) and (7) which are the responsibility of both the Department of Probation, Parole and Community Corrections Pardon Services and the Department of Corrections."
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. 3435 -- Rep. Burch: A BILL TO AMEND SECTION 20-7-852, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT PROCEEDINGS, SO AS TO PROVIDE THAT APPLICATION OF CHILD SUPPORT GUIDELINES TO AN EXISTING CHILD SUPPORT ORDER IS CONSIDERED A CHANGE OF CIRCUMSTANCES FOR MODIFICATION OF THE ORDER.
Rep. BEATTY explained the Bill.
Rep. WOFFORD moved to adjourn debate upon the Bill until Thursday, May 2, which was adopted.
The following Bill was taken up.
H. 3490 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS' AFFAIRS OFFICERS AND THEIR APPOINTMENT, REMOVAL, AND TERMS OF OFFICE, SO AS TO INCREASE THEIR TERMS FROM TWO TO FOUR YEARS COMMENCING WITH THE APPOINTMENTS MADE IN 1991.
Reps. ROSS and T.C. ALEXANDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3372.AL), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 25-11-45. Upon the vote of a majority of the senators and a majority of the representatives of the county legislative delegation, the recommendation of the Director of Veteran's Affairs for selection of a county veteran's affairs officer may be ceded to the governing body of the county. The selection must be made in accordance with an ordinance passed by the county governing body./
Renumber sections to conform.
Amend title to conform.
Rep. ROSS explained the amendment.
Rep. ROGERS moved to table the amendment.
Rep. McLEOD moved to table the Bill.
Rep. WALDROP demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 25 to 51.
The question then recurred to the motion to table the amendment, which was agreed to.
Rep. SHIRLEY explained the Bill.
Reps. McLEOD, KIRSH, HOLT, ROSS and T.C. ALEXANDER objected to the Bill.
The following Bill was taken up.
H. 3493 -- Rep. Felder: A BILL TO AMEND SECTION 30-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDATION OF VETERANS' DISCHARGE AND OBTAINING A CERTIFIED COPY OF A REGISTERED DISCHARGE OR REGISTERED CERTIFICATE OF LOST DISCHARGE, SO AS TO DELETE THE PROVISION FOR A SPECIFIC FEE OF FIFTY CENTS FOR THE CERTIFIED COPY AND PROVIDE THAT FEES FOR FURNISHING A CERTIFIED COPY MAY BE ESTABLISHED BY EACH COUNTY BUT NOT TO EXCEED FIFTY CENTS, TO PROVIDE THAT THE CLERK OF COURT MAY DESIGNATE TO THE COUNTY VETERANS' AFFAIRS OFFICER RESPONSIBILITIES UNDER SECTIONS 30-15-10, 30-15-20, 30-15-30, 30-15-40, AND 30-15-60 UPON AGREEMENT OF THE CLERK AND VETERANS' AFFAIRS OFFICER, TO PROVIDE THAT ANY TRANSFER OF RECORDS MUST BE APPROVED BY THE COUNTY GOVERNING BODY, AND TO PROVIDE THAT, UPON THE TRANSFER OF RECORDS BEING MADE, THE COUNTY VETERANS' AFFAIRS OFFICER MAY ISSUE CERTIFIED COPIES AS REQUESTED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9349.JM), which was adopted.
Amend the bill, as and if amended, by striking Section 30-15-60(C), as contained in SECTION 1, and inserting:
/(C) The clerk of court or the register of mesne conveyances may designate to the county veterans' affairs officer all responsibilities under Sections 30-15-10, 30-15-20, 30-15-30, 30-15-40, and 30-15-60 to receive, record, and maintain recorded discharges so long as the clerk of court or the register of mesne conveyances, and the county veterans' affairs officer agree to the transfer of the responsibilities. A transfer of records, in the manner authorized by this section, must be approved by the governing body of the county. Upon making the transfer of records, the county veterans' affairs officer may issue certified copies as requested."/
Amend title to conform.
Rep. SHIRLEY 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. 3494 -- Reps. Wilkins, Mattos, M.O. Alexander, Manly, Cato, Barber, Vaughn, Wofford, A. Young, Haskins, Jaskwhich, Clyborne and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 23 SO AS TO ESTABLISH A THREE DIGIT PUBLIC SAFETY EMERGENCY PHONE NUMBER, 911, TO AUTHORIZE THE GOVERNING AUTHORITIES OF THE POLITICAL SUBDIVISIONS OF THE STATE TO CREATE 911 PUBLIC SAFETY COMMUNICATIONS CENTERS FOR THE PURPOSE OF ESTABLISHING A LOCAL EMERGENCY TELEPHONE SERVICE, TO PERMIT FUNDING FOR THE CENTERS, INCLUDING PROVISIONS FOR LEVYING A TELEPHONE SERVICE CHARGE, AND FOR RELATED PURPOSES.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3326.AL).
Amend the bill, as and if amended, by striking all after the title and inserting:
/Whereas, the General Assembly finds that:
(1) It is in the public interest to shorten the time and simplify the method required for a resident to request and receive emergency aid. A single, primary three digit emergency number through which fire, rescue, disaster and emergency services, emergency medical, and law enforcement services may be obtained quickly and efficiently will provide a significant contribution to response by simplifying notification of these emergency responders. A simplified means of procuring these emergency services will result in saving of life, a reduction in the destruction of property, quicker apprehension of criminals, and ultimately the saving of monies.
(2) Establishment of a uniform emergency telephone number is a matter of concern to all citizens. The emergency number 911 has been made available throughout the United States.
(3) It is necessary to:
(a) establish the emergency number 911 as the primary emergency telephone number for use in participating political subdivisions of the State;
(b) authorize each county or municipality to direct establishment and operation of a 911 system in their political subdivisions, to designate the location of the center and agency to operate the center;
(c) encourage the political subdivisions to implement 911 public safety communications centers;
(d) provide a method of funding which will allow implementation, operation, and maintenance of 911. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-47-10. Definitions.
As used in this chapter:
(1) '911 charge' means a fee to the local government for the 911 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, and nonrecurring and recurring installation, maintenance service, and network charges of a service supplier providing 911 service as provided in this chapter.
(2) '911 system' or '911 service' means an emergency telephone system that provides the user of the public telephone system with the ability to reach a public safety answering point by dialing the digits 911. The term 911 system or service also includes 'enhanced 911 service', which means an emergency telephone system that provides the user of the public telephone system with 911 service, and in addition, directs 911 calls to appropriate public safety answering points by selective routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features.
(3) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the '911' data base and facilitates quicker response by public safety agencies.
(4) 'Automatic location identification' means an enhanced 911 service capability that enables the automatic display of the address.
(5) 'Automatic number identification' means an enhanced 911 service capability that enables the automatic display of the seven digit number used to place a 911 call.
(6) 'Basic 911 system' means a 911 system or 911 service without enhancement.
(7) '911 plan' means a plan for the 911 system, enhanced 911 system, or any amendment to the plan developed by the county or municipality.
(8) 'Customer' means the local government subscribing to 911 service from a service supplier.
(9) 'Enhanced 911 network features' means selective routing, automatic number identification, and location identification.
(10) 'Enhancement' means any addition to a 911 system such as automatic number identification, selective routing of calls, or other future technological advancements, as determined by the Public Service Commission.
(11) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by the South Carolina Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, or wide area telecommunications service (wats), foreign exchange (fx), or incoming lines.
(12) 'Local government' means any city, county, or political subdivision of the State.
(13) 'Mapping' means the development of a computerized geographical display system of roads and structure where emergency response may be required.
(14) 'Public safety agent' means a functional agency which provides fire fighting, law enforcement, medical, or other emergency services or a private entity which provides these services.
(15) 'Public safety answering point' (PSAP) means a communications facility operated on a twenty-four hour basis which first receives 911 calls from persons in a 911 service area and which may directly dispatch public safety services or extend, transfer, or relay 911 calls to appropriate public safety agencies. A PSAP may be designated to primary or secondary exchange service, referring to the order in which calls are directed for answering.
(16) 'Regional systems' means the formation of two or more local governments or multi-jurisdictional systems for the purpose of jointly forming and funding 911 systems.
(17) 'Service supplier' means a person, company, or corporation, public or private, providing local exchange telephone service and subject to regulation by the South Carolina Public Service Commission.
(18) 'Tariff rate' means the recurring or nonrecurring rates billed by the service supplier as stated in the service supplier's tariff and approved by the Public Service Commission, which represents the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges.
(19) 'Telephone subscriber' or 'subscriber' means a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility constitutes a separate subscription.
Section 23-47-20. Systems requirements.
(A) Service available through a 911 system includes law enforcement, fire, and emergency medical services. Other emergency and emergency personnel services may be incorporated into the 911 system at the discretion of the local government being served by the system. Public safety agencies within a local government 911 system, in all cases, must be notified by the PSAP of a request for service in their area. Written guidelines must be established to govern the assignment of calls for assistance to the appropriate public safety agency. There must be written agreements among state, county, and local public safety agencies with concurrent jurisdiction for a clear understanding of which specific calls for assistance will be referred to individual public safety agencies.
(B)(1) A 911 system must include all of the territory of the local government, either county, municipality, or multi-jurisdictional government. A 911 system may be a basic or enhanced 911 system.
(2) Every emergency service provider that provides emergency service within the territory of a 911 system shall participate in the countywide system. Each PSAP must be operated twenty-four hours a day, seven days a week.
(C) As a minimum, the 911 systems implemented in South Carolina must include:
(1) a minimum of two lines from each serving telephone central office to the enhanced 911 tandem (controlling central office). A minimum of two lines from the enhanced 911 tandem to the PSAP. The grade of service must have sufficient lines to ensure no more than one busy signal per one hundred calls;
(2) equipment to connect the PSAP to all law enforcement, fire protection, and emergency medical or rescue agencies, or both within the boundaries of the system;
(3) first priority to answering 911 calls;
(4) electronic recording of all 911 calls and retained for a minimum of sixty days;
(5) immediate playback capability of all 911 calls;
(6) equipment connected by dedicated telephone lines to all adjacent PSAP's where there is a telephone exchange not covered by selective routing;
(7) adequate physical security to minimize the possibility of intentional disruption of the operation. This includes equipment safeguards;
(8) standby emergency power to operate the PSAP during power failures;
(9) written operational procedures;
(10) a minimum of one telecommunication device for the deaf (TDD) available in each PSAP;
(11) capability to answer ninety-nine percent of calls within ten seconds;
(12) coin free dialing. Pay or coin telephones classified as such by a class of service code will be identified on the automatic location identification display in enhanced 911 systems;
(13) contingency plans for rerouting or relocating the PSAP in the event of a disaster or equipment failures;
(14) capabilities to have cellular phones routed to 911;
(15) telecommunication operators or dispatchers trained and certified by the Law Enforcement Training Council (South Carolina Criminal Justice Academy). The council shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the council is authorized to establish and collect a fee for this training;
(16) all 911 lines have both audio and light indicators on incoming calls;
(17) a public safety agency whose services are available on the 911 system must maintain a separate secondary backup number for emergency calls and a separate number for nonemergency telephone calls;
(18) the primary published emergency number will be 911. The PSAP must have additional local telephone exchange service in addition to the 911 service. This nonemergency telephone number should be published directly below the 'emergency dial 911' listing;
(19) 911 is furnished for emergency reporting only. Nonemergency calls, whether by the general public or agency employees, should not be made to the 911 system;
(20) a designated person or 911 office staffed by a sufficient number of personnel to maintain data bases;
(21) an initial and continual plan for public education which must include the following:
(a) to make the public aware 911 is available;
(b) to have the majority of emergency calls received on 911 rather than the seven-digit emergency number;
(c) to make the public aware of the definition of an emergency;
(d) to make the public aware of what is a nonemergency.
(D) Enhanced 911 shall incorporate the following features:
(1) automatic location identification (ALI) - automatically displays the addresses of the calling telephone during the course of the emergency call at the PSAP;
(2) automatic number identification (ANI) - automatically displays the number of the caller's telephone at the PSAP;
(3) central office identification - when a PSAP serves more than one central office, dedicated lines or trunks are used to identify each central office;
(4) called party hold - enables the PSAP to control the connection for confirmation and tracing of the call;
(5) distinct tone - tone generated by equipment which alerts the PSAP personnel that calling party has disconnected;
(6) selective routing - will automatically route a predetermined geographical area to a PSAP serving that area regardless of municipal and wire center boundary alignments.
(7) All enhanced 911 systems must be configured so as to disallow subsequent search of the address data base.
Section 23-47-30. System plan.
(A) A local government which seeks funding for a 911 system shall submit to the Division of Information Resource Management (DIRM), South Carolina Budget and Control Board, a 911 system plan for review and approval. The plan shall conform to the planning guidelines set forth in this chapter, guidelines promulgated by DIRM, and meet the requirements of current tariffs applicable to the 911 system. The plan must include:
(1) the type of 911 system desired for the local government including the type of equipment to be used and the associated costs;
(2) the location of the PSAP and the county or municipality agency or organization responsible for operating the PSAP;
(3) a listing of those public safety agencies whose services will be available through the 911 system;
(4) the personnel determined necessary to operate and maintain the 911 system;
(5) educational efforts the local government will undertake to acquaint the general public with the availability and proper use of the 911 system.
(B) Those local governments which already have a 911 system are encouraged to conform to the standards set forth in this section.
Section 23-47-40. System funding.
(A) The local government is authorized to adopt an ordinance to impose a monthly 911 charge upon each local exchange access facility subscribed to by telephone subscribers whose local exchange access lines are in the area served or which would be served by the 911 service. The 911 charge must be uniform and may not vary according to the type of local exchange access facility used.
The ordinance must be adopted in the same fashion as ordinances that levy taxes under South Carolina law. No collection of charges may be commenced before adoption of the ordinance.
(B) Funding must be used only to pay for the following enumerated items:
(1) the lease, purchase, lease-purchase, or maintenance of emergency telephone equipment, including necessary recording equipment, computer hardware, software and data base provisioning, addressing, mapping, and nonrecurring costs of establishing a 911 system;
(2) the rates associated with the service supplier's 911 service and other suppliers recurring charges;
(3) the cost of establishing and maintaining a county 911 office or maintaining as currently staffed a county 911 office for the purpose of operating and maintaining the data base of the 911 system. Costs are limited to salaries and compensations and those items necessary in the operation of the 911 office and normal operating costs;
(4) items enumerated may be subscriber billed for a period not to exceed thirty months before activation of the 911 service;
(5) items necessary to meet the standards outlined in this chapter, specifically in Section 23-47-20(C);
(6) enhancements either currently available or available in the future offered by service suppliers and approved by the Public Service Commission;
(7) a local government may contract to implement and establish a 911 system as set forth in this chapter.
(C) Funding must not be used for:
(1) purchasing or leasing of real estate, cosmetic or remodeling of communications centers, except those building modifications necessary to maintain the security and environmental integrity of the PSAP;
(2) hiring or compensating dispatchers or call takers other than initial and in-service training;
(3) mobile communications vehicles, fire engines, law enforcement vehicles, ambulances, or other emergency vehicles, or other vehicles;
(4) consultants or consultant fees for studies of implementation;
(5) aerial photography.
(D) A local government may contract with a service supplier for any term negotiated by the service supplier and the local government and may make payments through subscriber billing to provide any payments required by the contract.
Section 23-47-50. Subscriber billing.
(A) The maximum 911 charge that a subscriber may be billed for an individual local exchange access facility must be in accordance with the following scale:
Tier I - 1,000 to 40,999 access lines - $1.50 for start-up costs, $1.00 for on-going costs.
Tier II - 41,000 to 99,999 access lines - $1.00 for start-up costs, $.60 for on-going costs.
Tier III - more than 100,000 access lines - $.75 for start-up costs, $.50 for on-going costs.
Start-up includes a combination of recurring and nonrecurring costs and up to a maximum of fifty local exchange lines an account.
(B) Every local telephone subscriber served by the 911 system is liable for the 911 charge imposed. A service supplier has no obligation to take any legal action to enforce the collection of the 911 charges for which a subscriber is billed. However, a collection action may be initiated by the local government that imposed the charges. Reasonable costs and attorney's fees associated with that collection action may be awarded to the local government collecting the 911 charges.
(C) The local government subscribing to 911 service is ultimately responsible to the service supplier for all 911 installation, service, equipment, operation, and maintenance charges owed to the service supplier. Upon request by the local government, the service supplier shall provide a list of amounts uncollected along with the names and addresses of telephone subscribers who have identified themselves as refusing to pay the 911 charges. Taxes due on a 911 system service provided by the service supplier must be billed to the local government subscribing to the service. State and local taxes do not apply to the 911 charge billed to the telephone subscriber.
(D) Service suppliers that collect 911 charges on behalf of the local government are entitled to retain two percent of the gross 911 charges remitted to the local government as an administrative fee. The service supplier shall remit the remainder of charges collected during the month to the fiscal offices of the local government. The 911 charges collected by the service supplier must be remitted to the local government within forty-five days of the end of the month during which such charges were collected and must be deposited by and accounted for by the local government in a separate restricted fund known as the 'emergency telephone system fund' maintained by the local government. The local government may invest the money in the fund in the same manner that other monies of the local government are invested and income earned from the investment must be deposited into the fund. Monies from this fund are totally restricted to use in the 911 system.
(E) The 'emergency telephone system' fund must be included in the annual audit of the local government in accordance with guidelines issued by the state auditor's office. A report of the audit must be forwarded to the state auditor within sixty days of its completion, and a copy sent to DIRM.
(F) Fees collected by the service supplier pursuant to this section are not subject to any tax, fee, or assessment, nor are they considered revenue of the service supplier.
Section 23-47-60. Addressing.
(A) Local government, upon approval for implementation of a 911 system, shall standardize addressing within its area according to service supplier procedures. Enhanced 911 must not be placed in service until eighty-five percent of the residents have been provided with a standardized address by the local government. Those residents who do not have a standardized address provided by the local government will be placed in the service supplier's error file. Upon activation by enhanced 911 for the public, the service supplier's error file rate must not exceed one percent.
(B) Addressing costs are limited solely to establishing and maintaining addressing for a 911 system.
(C) Addressing must meet the following criteria:
(1) New street names assigned must not duplicate or be similar to an existing street name within the local government's geographical area.
(2) Existing duplicate street names must be changed as necessary by the local government to ensure efficiency of the emergency response system.
(3) Each house, building, or other occupied structure must be assigned a separate number. A number or alphabetical letter must be assigned for each separate occupant within a building or other occupied structure. Examples include apartments, companies, etc.
(4) Written notification of the proper address of each house, building, or structure must be given to its owner, occupant, or agent in all instances where a new number has been assigned. Existing streets and addresses must receive verification of the correct address.
(B)(1) The owner, occupant, or agent of each house, building, or other structure assigned a number under a uniform numbering system shall place or cause to be placed the number on the house, building, or other structure within twenty-one days after receiving notification of the proper number assignment.
(2) Costs and installation of the number must be paid for by the property owner or occupant. Residential numbers must not be less than three inches in height. Business numbers must not be less than four inches in height. All numbers must be made of a durable, clearly visible material and must contrast with the color of the house, building, or other structure.
(3) Numbers must be conspicuously placed immediately above, on, or at the side of the appropriate door so that the number is visible clearly from the street. In cases where the building is situated more than fifty feet from the street or road, the building number also must be placed near the walk, driveway, or common entrance to the building, or upon the mailbox, gatepost, fence, or other appropriate place so as to clearly be visible from the street or road.
(4) Residents, businesses, owners, or others who fail to comply with this subsection are guilty of a misdemeanor, triable in magistrate's court, and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. Each day in violation constitutes a separate offense.
(C)(1) Mapping is extremely essential to an effective emergency response system and a requirement for addressing. Local government, through subscriber billing, may cause nonrecurring costs to be applied for hardware and software for purchasing and operating computerized mapping within the county 911 system in an amount not exceeding twenty-five thousand dollars. This nonrecurring cost is a part and may not exceed the maximum amounts that may be billed to an individual exchange line. Local governments with existing budgeted or planned computerized mapping are not eligible to bill subscribers for these type services.
(2) Local governments shall coordinate addressing and mapping with the telephone company, United States Postal Service, appropriate state agencies, and public utility companies.
(3) The 911 system must not be implemented by the service supplier until the local government notifies it that all requirements mandated by this section are fulfilled.
Section 23-47-70. Liability.
(A) A local government or public safety agency, as defined in Section 23-47-10, or state government entity, their officers, agents, or employees, together with any person following their instructions in rendering services, are not liable for civil damages as a result of an act or omission under this chapter, including, but not limited to, developing, adopting, operating, or implementing a plan or system pursuant to the South Carolina Tort Claims Act, Sections 15-78-60(5) or 15-78-60(19).
(B) Liability concerning all service suppliers as defined in this chapter must be governed by the filed and approved tariffs of the South Carolina Public Service Commission, including, but not limited to, those general subscriber service tariffs concerning emergency reporting services.
Section 23-47-80. Penalties.
It is unlawful for a person anonymously or otherwise to:
(1) use any words or language of a profane, vulgar, lewd, lascivious, or indecent nature on an emergency 911 number with the intent to intimidate or harass a dispatcher;
(2) telephone the emergency 911 number, whether or not conversation ensues for the purpose of annoying or harassing the dispatcher or interfering with or disrupting emergency 911 service;
(3) make a telephone call to a 911 dispatcher and intentionally fail to hang up or disengage the connection for the purpose of interfering with or disrupting emergency service;
(4) telephone the emergency 911 number and intentionally make a false report.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than two hundred dollars, or both."
SECTION 2. Analysis lines following each code section in this bill are for informational purposes only and are not part of the code itself.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. VAUGHN was recognized.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. VAUGHN having been recognized.
Rep. ROSS withdrew his objection to the following Bill.
H. 3521 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO REQUIRE UNDER THE POLLUTION CONTROL ACT THAT A PERMIT TO EXPAND OR CONSTRUCT A NEW HAZARDOUS, INFECTIOUS, OR SOLID WASTE FACILITY MAY NOT BE ISSUED UNLESS THE APPLICANT DEMONSTRATES THE NEED FOR THE FACILITY OR EXPANSION, AND TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS TO IMPLEMENT THE DEMONSTRATION OF NEED REQUIREMENTS FOR CERTAIN FACILITIES.
On motion of Rep. BENNETT, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 926 -- Medical 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.
Rep. BENNETT moved to adjourn debate upon the Senate amendments to the following Bill, until Thursday, May 2, which was adopted.
H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.
Rep. RUDNICK moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, May 2, which was adopted.
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
The Senate amendments to the following Bill were taken up for consideration.
H. 3026 -- Rep. Gentry: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112, 50-21-114, AND 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE FUEL SERVICE STATION TO DISPENSE GASOLINE OR OTHER MOTOR VEHICLE FUEL TO A DISABLED DRIVER UPON HIS REQUEST WHEN HE IS PROPERLY IDENTIFIED BY EITHER A PLACARD OR DISABLED LICENSE TAG AND HAVE THE GASOLINE OR OTHER FUEL DISPENSED TO THE DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE OR OTHER FUEL PURCHASED ON A SELF-SERVICE BASIS.
Rep. T.C. 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. 3076 -- Reps. P. Harris, Carnell, J. Harris, Whipper, Waites and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.
Rep. P. HARRIS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9419.BD), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-15-60 of the 1976 Code is amended to read:
"Section 44-15-60. Every county, city, town, or political subdivision, or combination thereof of them, establishing a community mental health services program shall, before it may come within the provisions of this article, shall establish a community mental health board to be made up of not less than seven nor more than fifteen members. Membership of the boards, so far as may be practicable, must be representatives of local health departments, medical societies, county welfare boards, hospital boards, and lay associations concerned with mental health as well as labor, business, and civic groups, and the general public. At least one member of the board must be a medical doctor licensed to practice medicine in this State. The members must be appointed by the Governor upon the recommendation of a majority of the members of the legislative delegations of the counties participating. Any A county legislative delegation may delegate their authority to recommend to the governing body of the county they represent by resolution of such the delegation. Any such The resolution is not revocable, and copies of the resolution must be sent to the Governor, the Department of Mental Health, and to the governing bodies of the counties concerned. The number of members representing each county must be proportional to is its share of the budget. The term of office of each member of the community mental health board is four years and until his successor is appointed, except that of the members first appointed, one third must be appointed for a term of two years, one third for a term of three years, and one third for a term of four years. Vacancies must be filled for the unexpired term in the same manner as original appointments. Any A member of a board may be removed by the appointing authority for neglect of duty, misconduct, or malfeasance in office, after being given a written statement of charges and an opportunity to be heard thereon on them. Any A person may serve two consecutive terms and be eligible to serve again after an intervening term."/
Renumber sections to conform.
Amend title to conform.
Rep. P. HARRIS explained the Senate amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following Concurrent Resolution was taken up.
S. 710 -- Senator Lourie: A CONCURRENT RESOLUTION TO EXTEND THE TIME FOR THE JOINT LEGISLATIVE COMMITTEE STUDYING AND REVIEWING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MAKE ITS FINAL REPORT TO THE GENERAL ASSEMBLY.
The Concurrent Resolution was rejected.
Rep. BENNETT moved to reconsider the vote whereby the House non-concurred in the Senate amendments to the following Bill, which was agreed to.
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.
Rep. SNOW 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.
Rep. MATTOS moved to dispense with the Motion Period.
As a first substitute, Rep. FAIR moved to recur to the morning hour.
As a second substitute, Rep. M.O. ALEXANDER moved to recall S. 189 from the Labor, Commerce and Industry Committee, which was agreed to by a division vote of 43 to 30.
Rep. L. MARTIN moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. FAIR moved that the House recur to the morning hour, which was rejected by a division vote of 19 to 55.
Rep. ROGERS moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was rejected.
S. 778 -- Senators Moore, Setzler and Shealy: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR AIKEN COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF AIKEN COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION AND PROVIDE A TRANSITION PERIOD.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Rep. HASKINS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\BR1\1583.AC), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, in Section 44-77-20, as contained in SECTION 2, by deleting item (7) on page iii, lines 13-20.
Amend further, in Section 44-77-30, as contained in SECTION 3, on page iii, beginning on line 38, by deleting /or to be in a state of permanent unconsciousness/.
Amend further, in Section 44-77-30, on page iv, beginning on line 1, by deleting /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./.
Amend further, in Section 44-77-30, on page iv, beginning on line 7, by deleting /or in a state of permanent unconsciousness/.
Amend further, in Section 44-77-40, as contained in SECTION 4, on page iv, beginning on line 20, by deleting /or if he is permanently unconscious/.
Amend further, in Section 44-77-50, as contained in SECTION 5, on page vi, by deleting lines 8-10 and inserting /prolong my dying if my condition is terminal and I declare:/.
Amend further, in Section 44-77-50, on page vi, beginning on line 17, by deleting /or if the physicians certify that I am in a state of permanent unconsciousness/.
Amend further, in Section 44-77-50, on page vi, beginning on line 44, by deleting:
/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./.
Amend further, in Section 44-77-90, as contained in SECTION 7, on page xi, beginning on line 17, by deleting /or a state of permanent unconsciousness/.
Amend further, in Section 44-77-90, on page xi, beginning on line 25, by deleting /or permanently unconscious/.
Amend further, in Section 44-77-90, on page xi, beginning on line 28, by deleting /or that the patient is permanently unconscious/.
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, G. Bailey, J. Barber Baxley Boan Brown, H. Burch Burriss Chamblee Cork Corning Cromer Farr Felder Foster Fulmer Glover Hallman Harris, J. Harris, P. Harrison Hendricks Hodges Holt Houck Huff Inabinett Jennings Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Martin, L. Martin, M. Mattos McCraw McTeer Neilson Rhoad Rogers Ross Rudnick Sheheen Sturkie Tucker Waites Waldrop Wilkes Wofford
Those who voted in the negative are:
Alexander, T.C. Beasley Brown, J. Bruce Cato Clyborne Corbett Elliott, L. Fair Harvin Harwell Haskins Jaskwhich Johnson, J.C. Keegan Littlejohn Marchbanks Martin, D. McGinnis Meacham Rama Scott Smith Vaughn Wilkins Wright Young, A.
So, the amendment was tabled.
Rep. HOUCK proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BR1\1616.AC), which was adopted.
Amend the bill, 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-five 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. HOUCK explained the amendment.
The amendment was then adopted.
Rep. HODGES moved immediate cloture on the entire matter.
Rep. FAIR proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\1617.AC), which was tabled.
Amend the bill, as and if amended, Section 44-77-20 on page ii by striking item (2) and inserting:
/(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./
Amend further by striking on page vi lines 28-44 and on page vii lines 1-10.
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. HODGES moved to table the amendment.
Rep. FAIR demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 57 to 17.
Rep. FAIR proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\BR1\1641.AC).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___ . Section 44-66-20(1) of the 1976 Code, as added by Act 472 of 1990, is amended to read:
"(1) 'Health care' means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin; it does not include withholding or withdrawal of nutrition or hydration."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR moved to adjourn debate upon the amendment, which was adopted.
Rep. HASKINS proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\BR1\1600.AC), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 44-77-145. Nothing contained in this chapter prohibits a health care provider, by reason of conscience, from refusing to perform any procedure authorized by this chapter, so long as said health care provider relinquishes personal control over the care for the declarant."/
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 22.
Rep. FAIR proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\BR1\1647.AC), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___ . Section 44-66-20(1) of the 1976 Code, as added by Act 472 of 1990, is amended to read:
"(1) 'Health care' means a procedure to diagnose or treat a human disease, ailment, defect, abnormality, or complaint, whether of physical or mental origin; it does not include withholding or withdrawal of life sustaining procedures, nutrition, or hydration."/
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 11 was out of order as it was not germane as it attempted to amend the Healthcare Consent Act and the Bill dealt with living will legislation.
Rep. FAIR argued contra the Point in stating that it did reference the same Code as the Bill and that it did deal with the same subject matter.
The SPEAKER stated that the Amendment did not amend any provisions that were in Chapter 77 of Title 44 which dealt with the living will legislation. He further stated that the Amendment was adding a new chapter of Title 44 in the Bill and he sustained the Point of Order and ruled the Amendment out of order.
Debate was resumed on Amendment No. 9 by Rep. FAIR.
Rep. HODGES raised the Point of Order that Amendment No. 9 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. HASKINS and FAIR spoke against the Bill.
Reps. WILDER and HENDRICKS spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Bruce Burriss Carnell Chamblee Cole Cork Corning Cromer Elliott, D. Elliott, L. Farr Foster Fulmer Gentry Glover Hallman Harris, J. Harris, P. Harrison Harvin Harwell Hayes Hendricks Hodges Holt Houck Huff Inabinett Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Martin, L. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Phillips Rama Rogers Ross Rudnick Scott Sheheen Short Smith Snow Stoddard Tucker Waites Waldrop Whipper White Wilder Wilkes Wilkins Wofford Young, A.
Those who voted in the negative are:
Baker Beasley Cato Clyborne Corbett Felder Haskins Jaskwhich Johnson, J.C. Keegan Koon Martin, D. McCain Quinn Sturkie Vaughn Wells Williams, D. Wright
So, the Bill, as amended, was read the second time and ordered to third reading.
Please note my opposition to H. 3090. My electronic recorder did not function properly.
Rep. MIKE FAIR
Rep. HASKINS moved that the House recur to the morning hour.
Rep. CHAMBLEE 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:
Bailey, G. Bailey, K. Baker Barber Baxley Beatty Boan Brown, G. Brown, J. Bruce Burriss Carnell Chamblee Cole Cork Elliott, D. Elliott, L. Fair Foster Fulmer Glover Hallman Harris, P. Harvin Hendricks Houck Inabinett Kempe Kirsh Lanford Littlejohn Martin, L. McAbee McCain McCraw McKay Nettles Phillips Ross Sheheen Shirley Short Snow Whipper White Wilkes Williams, D.
Those who voted in the negative are:
Alexander, T.C. Altman Beasley Brown, H. Cato Corbett Cromer Farr Felder Gentry Harris, J. Harrison Haskins Hodges Huff Jaskwhich Johnson, J.W. Keegan Keesley Klapman Koon Martin, D. Martin, M. McElveen McLeod McTeer Meacham Neilson Quinn Rama Rudnick Scott Smith Stoddard Sturkie Tucker Vaughn Waites Waldrop Wells Wilder Wofford Wright Young, A.
So, the motion to adjourn was agreed to.
At 12:40 P.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Mr. Bruce Ezell of Ninety Six, to meet at 10:00 A.M. tomorrow.
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