Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We, O Lord, have remembered again with humble gratitude the devotion of our early Presidents, George Washington and Abraham Lincoln, whose lives shine like stars in the firmament of freedom. May their courage in times of crisis, their fidelity in periods of adversity, and their faith that sent them to their knees in prayer be ours as we face the hard facts of our day. Give to these leaders of government the faith and the hope which seeks to give rather than to get and that persists in giving something to our South Carolina rather than for our State doing something for us.
Lord God of hosts, be with us yet lest we forget, lest we forget. 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 Friday, the SPEAKER ordered it confirmed.
Rep. CROMER moved that when the House adjourns, it adjourn in memory of Alexander Powell of Columbia, which was agreed to.
The following was received.
Columbia, S.C., February 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 446:
S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., February 16, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 414:
S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995, TO DECEMBER 31, 1995, AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
February 16, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Officers and Board of Directors of the South Carolina Horsemen's Council and the South Carolina Thoroughbred Owners and Breeders Association cordially invite the Member of the House of Representatives and the Members of the Senate to attend a Legislative Reception on April 5, 1995. The reception will be held at 300 Senate Street - Riverfront Building - from 6:00 P.M. until 8:00 P.M.
We look forward to being with you April 5th, and with warmest regards, I am
Yours very truly,
Blanchard Poole
President
February 16, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on March 29, 1995, at 6:00 P.M. at the Sterling Garden Center, 320 Senate Street, Columbia, S.C. We would like to cordially invite the Members of the House to attend this function.
I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact Anne Gillespie at the Association office.
Thank you for you assistance.
Sincerely yours,
Daniel O. Cook, Jr.
Chairman
Young Bankers Division
The following was received.
Document No. 1745
Promulgated By Coastal Council
Marina/Community Dock Location and Design
Received by Speaker March 29, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date March 5, 1995
Withdrawn February 16, 1995
The following were received.
Document No. 1810
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Lead Acid Batteries
Received by Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995, May 24, 1995
House Agriculture and Natural Resources Request Withdrawal February 8, 1995
Withdrawn and Resubmitted February 16, 1995
Document No. 1747
Promulgated By Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received by Speaker March 31, 1994
Referred to House Committee on Labor, Commerce and Industry
Revised 120 Day Review Expiration Date April 1, 1995
Request to Withdraw and Resubmit - House Labor, Commerce and Industry January 24, 1995
Withdrawn and Resubmitted February 13, 1995
Request to Withdraw and Resubmit - Senate Labor, Commerce and Industry February 15, 1995
Withdrawn and Resubmitted February 21, 1995
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Christian Coalition of South Carolina for breakfast, March 1, 1995, 8:00 - 9:00 A.M. in Room 208 Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Chapter of the National Association of Social Workers for a reception, March 1, 1995, 6:30 P.M. - 8:30 P.M. at the Adam's Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Federation of Older Americans for a Seniors' Legislative Day Luncheon, March 7, 1995, 12:45 P.M. - 2:15 P.M. at the Adam's Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Optometric Association for a reception, March 7, 1995, 6:30 P.M. - 9:00 P.M. at the Embassy Suites Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Round Table for breakfast, March 8, 1995, 8:00 A.M. - 9:00 A.M. in Room 208 Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. School Boards Association for a luncheon, March 8, 1995, at the Capital City Club.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Summary Court Judges Association for a reception, March 8, 1995, 6:00 P.M. at Seawell's Restaurant inside the S.C. State Fairgrounds.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Carolinas AGC for a reception, March 14, 1995, 6:00 P.M. - 8:00 P.M. at the Adam's Mark Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Association of Public Library Administrators of South Carolina for a luncheon, March 15, 1995, 12:30 P.M. at the Ramada Town House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of DuPont for a reception, March 15, 1995, 6:00 P.M. - 8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. AFL-CIO for a reception, March 21, 1995, 6:00 P.M. - 8:00 P.M. at the Ramada Town House Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Counties for a reception, March 22, 1995, 6:00 P.M. - 7:30 P.M. at the Embassy Suites Hotel.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Society of the Plastics Industry, Inc. for a reception, March 28, 1995, 6:00 P.M. - 8:00 P.M. at The Stadium Place, 1210 Bluff Rd., in Columbia.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Prayer Fellowship for a breakfast, March 29, 1995, 7:30 A.M. at the Embassy Suites Hotel.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. School for the Deaf and Blind for a luncheon, March 29, 1995, upon adjournment - 2:00 P.M. in Room 221, Blatt Building.
The invitation was accepted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3637 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FOOD SERVICE ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1808, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
Referred to Committee on Judiciary.
S. 115 -- Senators Rose and Leventis: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.
Referred to Committee on Education and Public Works.
S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Anderson Bailey Baxley Beatty Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fulmer Gamble Govan Hallman Harris, P. Harrison Harwell Haskins Herdklotz Hines Hodges Huff Hutson Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Phillips Quinn Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, February 21.
Thomas N. Rhoad Ronald N. Fleming Michael F. Jaskwhich James N. Law William D. Keyserling Jean L. Harris Denny W. Neilson Leon Howard Jackson S. Whipper Joseph H. Neal Marion P. Carnell Timothy F. Rogers Larry L. Elliott Harry R. Askins Juanita M. White Joseph T. McElveen, Jr. Douglas Jennings, Jr. Grady A. Brown John G. Felder Robert W. Harrell, Jr. C. Alex Harvin, III L. Morgan Martin
LEAVES OF ABSENCE
The SPEAKER granted Rep. ALLISON a leave of absence due to illness in the family.
The SPEAKER granted Rep. CANTY a leave of absence for Tuesday and Wednesday to attend a National Pastor's Retreat.
Announcement was made that Dr. Stanley C. Baker, Jr. of Greenwood is the Doctor of the Day for the General Assembly.
The House stood in silent prayer for Mr. Raymond Allen Nichols, father of Rep. ALLISON, who is having open heart surgery today.
The following was introduced:
H. 3640 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DEBRA TEMPLIN, A TEACHER AT NEWBERRY MIDDLE SCHOOL, UPON BEING NAMED AS STATE TEACHER OF THE YEAR FOR 1995.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3641 -- Reps. Kennedy, T. Brown and Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOSEPH WASHINGTON OF THE TOWN OF NESMITH FOR HIS MANY YEARS OF SERVICE TO THE CITIZENS OF WILLIAMSBURG COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:
H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.
Whereas, the chiropractic profession was founded on September 18, 1895, by Daniel David Palmer in Davenport, Iowa, and will celebrate its centennial on September 18, 1995; and
Whereas, the profession of chiropractic is now practiced by doctors of chiropractic throughout the world, including fifty thousand doctors in the United States and many hundreds of fine doctors in South Carolina; and
Whereas, contemporary standards in chiropractic education, research, and practice have led to ever broadening acceptance of the benefits of chiropractic health care by the public and the health care community; and
Whereas, each year millions of Americans now choose chiropractic health care for the restoration and maintenance of their health by natural methods and without the use of drugs or surgery. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby recognize the outstanding work performed by the chiropractic profession in the United States and in South Carolina and on the occasion of its one hundredth anniversary this year and to declare Thursday, March 30, 1995, as "South Carolina Chiropractic Centennial Day" in South Carolina.
Be it further resolved that Governor David M. Beasley is requested to issue an Executive Order proclaiming Thursday, March 30, 1995, as "South Carolina Chiropractic Centennial Day" in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Governor Beasley.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3644 -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS AND EACH OF THE LIONS CLUBS IN SOUTH CAROLINA FOR THE OUTSTANDING WORK THAT THEY DO IN SERVING THEIR FELLOW MAN AND TO WELCOME INTERNATIONAL DIRECTOR ALBERT F. BRANDEL TO SOUTH CAROLINA AS HE SPEAKS AT THE LIONS DISTRICT 32-D MID-WINTER RALLY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3590 -- Reps. Harrell, Dantzler, Fulmer, Hallman, Hutson, Limehouse, Seithel, Whatley, L. Whipper, Inabinett and Breeland: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.
H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.
H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.
H. 3602 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1775, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted.
H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.
The following Bill was taken up.
H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7151BDW.95), which was adopted.
Amend the bill, as and if amended, Section 15-3-547, beginning on line 28, by striking /of completion of any opt-out period, which includes, but is not limited to, completion of nonbinding mediation, or/ and inserting /a class member opts out of the settlement, completion of nonbinding mediation, or, for those who do not opt-out,/ so that when amended the section reads:
/Section 15-3-547. A cause of action or derivative claim for personal injury or death related to breast implant or breast implant materials for a member of the Settlement Class of the In Re Silicone Gel Breast Implant Products Liability Litigation (MDL 926) is continued or revived, and an action for personal injury or death may be commenced within thirty days after the date a class member opts out of the settlement, completion of nonbinding mediation, or, for those who do not opt-out, within thirty days after the termination of the Breast Implant Litigation Settlement Agreement in the In Re Silicone Gel Breast Implant Products Liability Litigation (MDL 926), whichever is later. A cause of action for personal injury or death related to breast implant or breast implant materials of a member commenced before the effective date of this section must not be dismissed based upon a period of limitations./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21464SD.95), which was tabled.
Amend the Report of the Committee on Judiciary, as and if amended, in Section 15-3-547 of the 1976 Code, by inserting immediately after /limitations./ on line 2, page 3262-2 /Provided, however, that this extension of the statute of limitations does not apply to a cause of action based in whole or in part upon a products liability theory where a physician licensed by the State of South Carolina is named as a defendant./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
Rep. HARRISON spoke upon the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 37 to 20.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9890DW.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 7-13-75. No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political campaign during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER 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. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Rep. SANDIFER explained the Bill.
Rep. FLEMING moved to adjourn debate upon the Bill until Wednesday, March 1, which was adopted.
Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted.
H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.
Rep. SCOTT asked unanimous consent to recall H. 3040 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
On motion of Rep. THOMAS, with unanimous consent, the following Joint Resolution was recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary.
H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
The following Bill was taken up.
H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.
Reps. JENNINGS, ROBINSON, D. SMITH, ANDERSON, LIMBAUGH, HASKINS, COBB-HUNTER, KENNEDY, NEAL and CROMER, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\Council\Legis\Amend\gjk\21433DW.95), which was adopted.
Amend the bill, as and if amended, page 4, as contained in SECTION 5, lines 20, 29, and 31 by striking /individual/ and inserting /person/, line 27 by striking /individuals/ and inserting /persons/.
Amend further page 5, line 4, by striking /an individual recipient/ and inserting /a person/, lines 6, 11 and 14 by striking /individual/ and inserting /person/.
Amend further page 5, as contained in SECTION 6, by striking item (2), subsection (D) of Section 8-13-1348, lines 31 through 35.
Amend further page 5, line 36, by striking /(3)/ and inserting /(2)/.
Amend further by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) 'ultimate payee' means any person who receives a payment of money from a candidate or from a person or committee authorized by the candidate."/
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. HUTSON, RICE, WHATLEY, LIMEHOUSE, SEITHEL, FAIR, RISER, WITHERSPOON, KNOTTS, HASKINS and FULMER, with unanimous consent, proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\9892DW.95), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1315. Notwithstanding any other provision of this chapter, no candidate or duly authorized officer or committee may pay and no person may receive any amount for transporting electors to polling places or any amount associated with the transportation of electors including, but not limited to, meals."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HUTSON explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. HUTSON spoke in favor of the amendment.
Rep. JENNINGS moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 24.
Rep. HARRELL moved to waive Rule 6.1, which was agreed to.
The Bill, as amended, was read the third time, and ordered sent to the Senate.
Rep. ROGERS moved that the House do now adjourn, which was adopted.
At 12:58 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Alexander Powell of Columbia, to meet at 10:00 A.M. tomorrow.
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