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:
Our Father God, in Whose presence our restless spirits are quieted, help us in these opening moments of a new week's agenda to draw near to You in faith, tranquility and sincerity. Lift us up, take our minds, lead us, strengthen us, and endow us with understanding, goodness and compassion. Make us ready for the discipline and self control demanded in the offices in which we serve. With Your hand of benediction resting upon us, may we face the tasks before us with honest dealings, clear thinking and constructive action, striving ever to set forward Your will on earth.
Blessed be the Lord forever and ever. 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. RICE moved that when the House adjourns, it adjourn in memory of Michael Bennett Moyd of Greenville, which was agreed to.
April 1, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3589, R. 278, an Act:
TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.
I am vetoing this legislation because the date by which the Department of Public Safety is required to issue a report to the House Education and Public Works Committee and the Senate Transportation Committee has already passed.
For the above reason, I am returning H. 3589, R. 278, without my approval.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
April 1, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4721, R. 294, an Act:
TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.
This veto is based upon my belief that H. 4721, R. 294, of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning H. 4721, R. 294, without my approval.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
April 1, 1996
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4747, R. 295, an Act:
TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.
This veto is based upon my belief that H. 4747, R. 295 of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning H. 4747, R. 295, without my approval.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
The following was introduced:
H. 4857 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THOMAS UDELL BURGESS AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4858 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. SUE BROWN TUCKER AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4859 -- Rep. Wilkins: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.
Referred to Committee on Judiciary.
H. 4860 -- Rep. Kennedy: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF MOTOR VEHICLE PROPERTY TAXES, SO AS TO DELETE THE CIRCUMSTANCES IN WHICH A DRIVER'S LICENSE MUST BE SUSPENDED AND TO REVISE THE CIRCUMSTANCES IN WHICH A MOTOR VEHICLE REGISTRATION IS SUSPENDED.
Referred to Committee on Judiciary.
H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.
Referred to Committee on Labor, Commerce and Industry.
H. 4864 -- Reps. Lanford and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE FOR UNEMPLOYMENT BENEFITS SHALL BE DENIED THE BENEFITS WHEN HIS SPOUSE HAS BEEN TRANSFERRED TO A CERTAIN LOCATION, THE INDIVIDUAL ACTIVELY ATTEMPTS FOR A CERTAIN PERIOD TO SECURE EMPLOYMENT IN THE AREA IN WHICH HIS SPOUSE IS WORKING, AND THE INDIVIDUAL LEAVES WORK VOLUNTARILY.
Referred to Committee on Labor, Commerce and Industry.
H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.
Referred to Committee on Education and Public Works.
S. 1295 -- Senators Wilson, Moore and Giese: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following was introduced:
H. 4862 -- Reps. Scott, Breeland, Kennedy, M. Hines, Govan, Lloyd, Cave, Moody-Lawrence, Neal, Howard, Inabinett, Lee, L. Whipper, Anderson, Clyburn, S. Whipper, White, McMahand, J. Hines, Byrd, J. Brown and Williams: A CONCURRENT RESOLUTION TO COMMEND SCANA FOR ONE HUNDRED FIFTY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ENCOURAGE THE COMPANY TO CONTINUE ON ITS PATH OF GREAT SUCCESS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4863 -- Reps. Stuart and Sharpe: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING THE GOVERNOR'S FROG JUMP FESTIVAL AT SPRINGFIELD IN ORANGEBURG COUNTY ON ITS THIRTIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4866 -- Reps. J. Brown and Littlejohn: A CONCURRENT RESOLUTION COMMENDING AND THANKING J. D. WILLIAMS OF COLUMBIA FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE GENERAL ASSEMBLY.
Whereas, J. D. Williams was born in Fairfield County; he entered the United States Army in 1944 and received an honorable discharge in 1946; he is married to Mary Ford Williams, who retired from Richland School District One with thirty years of service; and they have three sons and two daughters and seven grandchildren; and
Whereas, Mr. Williams was one of the first African Americans hired as a firefighter in Columbia and he retired from the City of Columbia Fire Department in 1981; and
Whereas, he attended Benedict College and is a member of Second Calvary Baptist Church; he is active with the church bowling league and the Benedict College Alumni Association; and
Whereas, he began working as a porter for the House of Representatives in November of 1985 and for the past eleven years has rendered exemplary service to the General Assembly in that capacity; and
Whereas, we have come to know and admire J. D. Williams as an outstanding employee and a good friend; he has always shown the utmost courtesy to all who have served in the General Assembly during his years of service, as well as to all others who have worked in or visited the State House; he is retiring at the end of the 1996 session and his service will be greatly missed; and
Whereas, we want J. D. to know that he has our respect, admiration, and friendship and that we appreciate all that he has done during the past eleven years. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank J. D. Williams of Columbia for his outstanding and dedicated service to the General Assembly.
Be it further resolved that a copy of this resolution be forwarded to Mr. J. D. Williams.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4867 -- Reps. Breeland, Seithel, Hallman, Whatley, L. Whipper, Harrell, Fulmer, S. Whipper and Limehouse: A CONCURRENT RESOLUTION RECOGNIZING COMMUNITY PRIDE OF CHARLESTON COUNTY, INC., AND COMMENDING THIS ORGANIZATION AND CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE FOR THEIR OUTSTANDING EFFORTS TO INSTILL PRIDE IN LOCAL CITIZENS FOR A CLEAN AND HEALTHY ENVIRONMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 2.
Richard M. Quinn, Jr. Jerry N. Govan, Jr. Eugene C. Stoddard Harry R. Askins W. Jeffrey Young Paula H. Thomas Theodore A. Brown
STATEMENT RE ATTENDANCE
Rep. KEYSERLING signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 2.
The SPEAKER granted Rep. HODGES a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. M. HINES a leave of absence for the day.
The SPEAKER granted Rep. MASON a leave of absence the day due to a death in the family.
The SPEAKER granted Rep. DAVENPORT a leave of absence for today and tomorrow.
The SPEAKER granted Rep. HASKINS a leave of absence for the day due to a Doctors appointment.
Rep. LLOYD, on behalf of the Colleton Delegation, presented to the House the Walterboro High School Band of Blue, winners of the 1995 Class AAAA State Championship, their directors and other school officials.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.
H. 4853 -- Rep. Wilkes: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE GOVERNANCE OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BOARD MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO DELETE OBSOLETE PROVISIONS, AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS REPRESENTING DISTRICTS 2, 4, AND 6 ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
Rep. LANFORD moved to adjourn debate upon the following Joint Resolution until Wednesday, April 3, which was adopted.
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
The following Bill was taken up.
S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-7-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.
Rep. HALLMAN proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22569SD.96), which was tabled.
Amend the bill, as and if amended, in Section 50-17-370 of the 1976 Code, as contained in SECTION 1, by adding at the end of subsection (A) the following:
/After April 15, 1996, any further designations of public open areas shall be with the consent of the affected municipality or the county in the unincorporated areas./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HALLMAN explained the amendment and moved to table the amendment, which was agreed to.
Rep. HALLMAN proposed the following Amendment No. 3 (Doc Name P:\amend\PT\2399DW.96), which was adopted.
Amend the committee report, as and if amended, by striking it in its entirety and inserting:
/Amend the bill, as and if amended, as contained in SECTION 1, page 1, Section 50-17-370, subsection (A), is amended to read:
"(A) The Department of Natural Resources must may designate and shall maintain areas where bona fide residents of this State persons holding or exempted from holding a marine recreational fishing stamp as required by Chapter 20 of this title may gather, for personal use, not more than two U.S. United States bushels of oysters or one-half bushel of clams, or both, in a day. The areas must be designated upon the approval of a majority of the county legislative delegation. The open areas must be located preferably at or near public landings. In no instance may the Department of Natural Resources designate any area which is located within one thousand feet of any developable highland property as a public shellfish ground. Areas designated prior to January 1, 1996, are exempt from the siting provision of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. HALLMAN explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, March 27, by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SHARPE moved to table the amendment, which was agreed to.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CROMER moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.
S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.
H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
The following Bill was taken up.
H. 4445 -- Reps. Harrison, Baxley, Martin, D. Smith, Wofford, Jennings, Kelley and J. Young: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES IN CONTESTED CASES UNDER THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE THAT ALL CONTESTED CASE PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE SHALL BE GOVERNED BY THE RULES OF PROCEDURE OF THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 1-23-330, RELATING TO EVIDENTIARY MATTERS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE STANDARD OF PROOF SHALL BE THE PREPONDERANCE OF THE EVIDENCE EXCEPT IN PROFESSIONAL LICENSING CASES IN WHICH THE STANDARD OF PROOF SHALL BE CLEAR AND CONVINCING EVIDENCE; TO AMEND SECTION 1-23-570, RELATING TO THE CHIEF JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION BEING RESPONSIBLE FOR THE ADMINISTRATION OF THE DIVISION, SO AS TO PROVIDE THAT THE CHIEF JUDGE SHALL ASSIGN JUDGES TO HEAR ALL CASES RATHER THAN CONTESTED CASES COMING BEFORE THE DIVISION; TO AMEND SECTION 1-23-580, RELATING TO THE CLERK OF THE ADMINISTRATIVE LAW JUDGE DIVISION AND OTHER SUPPORT STAFF, SO AS TO FURTHER PROVIDE FOR THE AUTHORITY OF THE CHIEF JUDGE TO HIRE AND SUPERVISE CERTAIN SUPPORT STAFF, AND TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE AN ADMINISTRATIVE ASSISTANT AS INDIVIDUALLY ALLOTTED AND AUTHORIZED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THESE RULES AND THEIR PROMULGATION AND REVIEW; AND TO AMEND SECTION 48-39-160, AS AMENDED, RELATING TO JURISDICTION OF THE CIRCUIT COURT TO RESTRAIN VIOLATIONS OF COASTAL ZONE PROVISIONS, SO AS TO TRANSFER THIS JURISDICTION TO THE ADMINISTRATIVE LAW JUDGE DIVISION.
Rep. HARRISON explained the Bill.
Rep. HARRISON moved to adjourn debate upon the Bill until Wednesday, April 3, which was adopted.
The following Bill was taken up.
H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.
Rep. McKAY explained the Bill.
Rep. RICHARDSON spoke in favor of the Bill.
Rep. J. BROWN moved to adjourn debate upon the Bill until Wednesday, April 3, which was adopted.
The following Bill was taken up.
H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING AND A WRITTEN STATEMENT REGARDING THE DONATION AND ITS PROPOSED USE BE GIVEN TO THE PERSON CONSENTING; AND TO AMEND SECTION 44-43-960 RELATING TO CIRCUMSTANCES REQUIRING PERMISSION FROM THE MEDICAL EXAMINER OR CORONER FOR ORGAN OR TISSUE RECOVERY, SO AS TO CLARIFY THAT THIS PERMISSION IS IN ADDITION TO THE CONSENT OF THE DECEDENT OR NEXT-OF-KIN.
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9127AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-43-720. (A) Except for an autopsy or postmortem examination ordered by a coroner or medical examiner, no autopsy or postmortem examination may be performed unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication.
(B) In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorizing the autopsy or postmortem examination has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication."
SECTION 2. Section 17-5-260 of the 1976 Code is amended to read:
"Section 17-5-260. Where any If a person shall die dies as a result of violence, apparent suicide, when in apparent good health, unattended by a physician, or in any suspicious or unusual manner, or while an inmate of a penal or correctional institution, or stillbirths not attended by a physician, it shall be the duty of anyone a person having knowledge of such deaths to the death immediately shall notify the county medical examiner's office. The same This procedure shall also must be followed upon discovery of anatomical material suspected of being or determined to be a part of a human body.
The county medical examiner shall make immediate inquiry into the cause and manner of death and shall reduce his the findings to writing on forms provided for this purpose retaining one copy for his files and forwarding one copy to the coroner. In the case of violent death, one copy shall must be forwarded to the county solicitor of the county in which the death occurred. The county medical examiner must notify in writing the deceased person's next-of-kin, if known, that, in the course of performing the autopsy, body parts may have been retained for the purpose of investigating the cause and manner of death.
In performing an autopsy or postmortem examination, no body parts, as defined in Section 44-43-320, removed from the body may be used for any purpose other than to determine the cause or manner of death unless the person authorized to consent, as defined in Section 44-43-330, has given informed consent to the procedure. The person giving the informed consent must be given the opportunity to give informed consent and authorize the procedure on a witnessed, written consent form using language understandable to the average lay person after face-to-face communication with a physician, coroner, or medical examiner about the procedure. If the person authorizing the procedure is unable to consent in person, consent may be given through a recorded telephonic communication."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.
H. 4694 -- Reps. Harrison, Wofford, Stuart, Hodges, Neal, Cave, Govan, Baxley, Knotts, Meacham, Bailey, Delleney, Shissias, Klauber, Simrill, Thomas, Clyburn, Wright, Fulmer, Jennings, Martin, J. Harris, Kinon, J. Young, Boan, Limbaugh, McCraw, Young-Brickell, T. Brown, Scott, Tucker, White, D. Smith and Phillips: A BILL TO AMEND SECTION 58-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF TELEPHONE COMPANIES AND DEFINITIONS, SO AS TO ADD PROVISIONS DEFINING "BASIC LOCAL EXCHANGE TELEPHONE SERVICE", "CARRIER OF LAST RESORT", "INCUMBENT LOCAL EXCHANGE CARRIER" OR "INCUMBENT LEC", "LOCAL EXCHANGE CARRIER" OR "LEC", "NEW ENTRANT LOCAL EXCHANGE CARRIER" OR "NEW ENTRANT LEC", "SMALL LOCAL EXCHANGE CARRIER" OR "SMALL LEC", "TELECOMMUNICATIONS SERVICES", AND "UNIVERSAL SERVICE"; TO AMEND SECTION 58-9-280, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY MUST BE OBTAINED BEFORE CONSTRUCTION, OPERATION, OR EXTENSION OF A PLANT OR SYSTEM, SO AS TO ADD PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, THE PUBLIC SERVICE COMMISSION MAY GRANT A CERTIFICATE TO OPERATE AS A TELEPHONE UTILITY TO APPLICANTS PROPOSING TO FURNISH LOCAL TELEPHONE SERVICE IN THE SERVICE TERRITORY OF AN "INCUMBENT LEC", SUBJECT TO CERTAIN CONDITIONS AND EXEMPTIONS, AND TO PROVIDE FOR RELATED MATTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-576 SO AS TO PROVIDE THAT AN "INCUMBENT LEC" MAY ELECT TO HAVE RATES, TERMS, AND CONDITIONS PURSUANT TO THE PLAN DESCRIBED IN THIS SECTION, AND TO PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 58-9-577 SO AS TO PROVIDE THAT, NOTWITHSTANDING SECTIONS 58-9-575 AND 58-9-576, A "SMALL LEC" MAY ELECT TO HAVE THE RATES, TERMS, AND CONDITIONS OF ITS SERVICES DETERMINED PURSUANT TO ALTERNATIVE FORMS OF REGULATION, WHICH MAY DIFFER AMONG COMPANIES AND MAY INCLUDE, BUT NOT BE LIMITED TO, PRICE REGULATION, RATHER THAN RATE OF RETURN OR OTHER FORMS OF EARNING REGULATION, AND TO PROVIDE FOR RELATED MATTERS.
The following Bill was taken up.
H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HARRISON explained the Bill.
Rep. ANDERSON moved to adjourn debate upon the Bill until Tuesday, April 16.
Rep. HARRISON moved to table the motion, which was agreed to.
Rep. HARRISON spoke in favor of the Bill.
Reps. KIRSH, TRIPP, ANDERSON, S. WHIPPER, BREELAND and MOODY-LAWRENCE objected to the Bill.
The following Bill was taken up.
H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9116AC.96).
Amend the bill, as and if amended, Section 20-7-2850(C), (D), and (E) as contained in SECTION 7, page 7, lines 20 and 29, and on page 8, line 16, before /home/ by inserting /family day care/ so that when amended, Section 20-7-2850(C), (D), and (E) read:
/"(C) A person applying to become a registered operator of a family day care home under this chapter or seeking employment or seeking to provide caregiver services at a family day care home registered under this chapter section and a person fifteen years of age or older living in the family day care home shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(D) No applicant may be registered as an operator if the person, his employees, or his caregivers have an employee, a caregiver, or a person fifteen years of age or older living in the family day care home has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;
(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;
(4) the felonies classified in Section 16-1-10(A);
(5) the offenses enumerated in Section 16-1-10(D); or
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(E) No family day care home may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility registered under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.
(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home section must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed a crime enumerated in this section subsection (D) who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility or a person who applies for registration as an operator who has a person fifteen years of age or older living in the family day care home who has been convicted of a crime enumerated in subsection (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."/
Amend further, by deleting SECTION 11, page 10, and inserting:
/SECTION 11. Notwithstanding Section 20-7-2725(D) of the 1976 Code, as added by Section 1 of this act, no operator or employee of or person providing caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center is required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation if the person continuously has been employed by or providing caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center since July 1, 1991. However, the person must obtain a criminal record history from the State Law Enforcement Division, and, following this act's effective date, if the person is not employed by or does not provide caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center for one year or longer, the person must comply with Section 20-7-2725(D). Additionally, no person fifteen years of age or older who, on this act's effective date, lives in the home of a person who is a registered operator of a family day care home is required to undergo the state fingerprint review as required by Section 20-7-2850(C) of the 1976 Code, as amended in Section 7 of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
Rep. SIMRILL moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. COTTY having the floor.
The Senate returned to the House with concurrence the following:
H. 4697 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST '96 AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS THE KCBS STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE FOR 1996.
H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.
H. 4839 -- Reps. Kelley, T. Brown, Keegan, Martin, Thomas, Witherspoon and Worley: A CONCURRENT RESOLUTION RECOGNIZING THE U.S.S. LOWNDES 1996 REUNION IN SOUTH CAROLINA IN MEMORY OF THE DISTINGUISHED SOUTH CAROLINIAN FOR WHOM THIS WORLD WAR II NAVY SHIP WAS NAMED.
H. 4840 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF SCOTT'S BRANCH HIGH SCHOOL ON WINNING THE 1996 CLASS A UPPER-STATE CHAMPIONSHIP IN GIRLS BASKETBALL.
H. 4846 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. THOMAS J. JACKSON OF WEST COLUMBIA UPON HIS DEATH.
H. 4855 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE WILLIAM R. "BILLY" DUBOSE, SR., OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4857 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THOMAS UDELL BURGESS AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4858 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. SUE BROWN TUCKER AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4862 -- Reps. Scott, Breeland, Kennedy, M. Hines, Govan, Lloyd, Cave, Moody-Lawrence, Neal, Howard, Inabinett, Lee, L. Whipper, Anderson, Clyburn, S. Whipper, White, McMahand, J. Hines, Byrd, J. Brown and Williams: A CONCURRENT RESOLUTION TO COMMEND SCANA FOR ONE HUNDRED FIFTY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ENCOURAGE THE COMPANY TO CONTINUE ON ITS PATH OF GREAT SUCCESS.
H. 4863 -- Reps. Stuart and Sharpe: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING THE GOVERNOR'S FROG JUMP FESTIVAL AT SPRINGFIELD IN ORANGEBURG COUNTY ON ITS THIRTIETH ANNIVERSARY.
H. 4866 -- Reps. J. Brown and Littlejohn: A CONCURRENT RESOLUTION COMMENDING AND THANKING J. D. WILLIAMS OF COLUMBIA FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE GENERAL ASSEMBLY.
At 12:55 P.M. the House in accordance with the motion of Rep. RICE adjourned in memory of Michael Bennett Moyd of Greenville, to meet at 10:00 A.M. tomorrow.
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