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(F) If amounts are payable to the mother and father of the deceased employee pursuant to subsections (B) and (C), upon the motion of either parent or any other potential party of interest based upon the decedent having died intestate, the commission may deny or limit either or both parent's entitlement for a share of the benefits if the commission determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 20-7-40 and did not otherwise provide for the needs of the decedent during his or her minority.
(G) Payment as prescribed in this section releases the employer from all death benefit liability."

SECTION 3. Section 15-51-40 of the 1976 Code, as last amended by Section 2, Act 470 of 1994, is further amended to read:

"Section 15-51-40. In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, in the event of a wrongful death of a minor, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents has refused failed to reasonably provide support for the decedent as defined in Section 20-7-40 and has otherwise did not otherwise provided provide for the needs of the decedent during his or her minority."

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The Senate amendments to the following Bill were taken up for consideration.

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

Rep. THOMAS explained the Senate amendments.

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. MARCHBANKS moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 4997 -- Reps. Walker and Richardson: A CONCURRENT RESOLUTION TO COMMEND THE INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., (IIAA) ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

H. 4998 -- Reps. Sandifer and Klauber: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF WARRANT OFFICER FIVE HURMAN FRANKLIN HUGHES FOR THIRTY-SEVEN YEARS OF SERVICE TO SOUTH CAROLINA AND THIS NATION.

H. 5001 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION PROUDLY COMMENDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND W.H. "BILL" ALSTON OF AWENDAW, SOUTH CAROLINA, FOR HIS GENEROSITY AND COMPASSION TO THE CITIZENS OF HIS COMMUNITY, COUNTY, AND STATE.

H. 5003 -- Reps. J. Young, Canty, McElveen, Neal, Baxley, G. Brown and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS UPON THE DEATH OF ONE OF THIS STATE'S MOST PROMINENT CITIZENS, MARGARET WEEKS "TOODY" OSTEEN, CHAIRMAN OF THE BOARD OF OSTEEN PUBLISHING COMPANY.

H. 5004 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE THE 175TH ANNIVERSARY OF THE CREATION OF THE SOUTH CAROLINA DEPARTMENT OF MENTAL HEALTH ON MAY 8, 1996, FOR PROVIDING CARE AND TREATMENT FOR THE CITIZENS OF SOUTH CAROLINA WHO SUFFER FROM MENTAL ILLNESS.

H. 5005 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND OFFER THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MIRIAM COLLETON GREEN OF AWENDAW, SOUTH CAROLINA, FOR HER OUTSTANDING CAREER, LIFETIME ACCOMPLISHMENTS, AND GENEROSITY IN SERVING THE PEOPLE OF CHARLESTON COUNTY.

At 11:35 A.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of E. Harold Segers of Greenville, to meet at 10:00 A.M. tomorrow.

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:

Most merciful God, we bow in these moments of prayer in acknowledgment of Your sovereignty and to ask for Your blessings. Remain close to us throughout the duties of this day that we may weave in the tapestry of life the radiant qualities of Your divine nature. As the flowers of Springtime put on garments of gold and crimson and purple through their partnership with light, so may our lives become as the gardens of the Lord clothed with the bright blossoms of the nature of our God. With our hands in Yours, may others see our service and "glorify our Father in Heaven."

We pray in thanksgiving and praise to Your name. 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. J. YOUNG moved that when the House adjourns, it adjourn in memory of Margaret Weeks Osteen of Sumter, which was agreed to.

The following was received.

May 8, 1996
The Honorable David Wilkins
Speaker of the House
508 Blatt Building
Columbia, S.C. 29211

Please accept this letter as notice of my resignation of House Seat 108. This resignation is effective May 9, 1996.

I have enjoyed my years of service and will cherish the friendships that I have made. It has been an honor to serve under your leadership.

I wish you and all of the members of the General Assembly the very best!

With kindest regards, I remain

Sincerely,
PAULA THOMAS

Received as information.

The following was received.
Columbia, S.C., May 8, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Courtney of the Committee of Conference on the part of the Senate on H. 4600:

H. 4600 -- GENERAL APPROPRIATION BILL
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 8, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Courtney of the Committee of Conference on the part of the Senate on H. 4602:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 8, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 351, H. 4693 by a vote of 45 to 0.

(R351) H. 4693 -- Reps. Phillips and McCraw: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ERECT TRAFFIC SIGNALS ON SOUTH CAROLINA HIGHWAY 198 AT EXIT 102 ON INTERSTATE HIGHWAY 85.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., May 8, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 699:

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

The Senate has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

The Senate sent to the House the following:

S. 1409 -- Senator Hayes: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. MOUBRAY BEATY, A PROMINENT ROCK HILL REALTOR AND DEVELOPER, UPON HIS DEATH.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The Senate sent to the House the following:

S. 1410 -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON ITS THIRTIETH ANNIVERSARY AND TO EXPRESS APPRECIATION AND GRATITUDE FOR THE THIRTY YEARS OF SERVICE TO THE BLIND AND SEVERELY VISUALLY IMPAIRED CITIZENS OF THIS GREAT STATE.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

The following Bills were introduced, read the first time, and referred to appropriate committees:

S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.

On motion of Rep. STODDARD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 930 -- Senators McConnell, Passailaigue, Rose, Mescher and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-11-270 SO AS TO PROVIDE A PROCEDURE BY WHICH THE REGISTERED ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT WHOSE GOVERNING BODY IS CHOSEN BY THE LEGISLATIVE

Referred to Committee on Judiciary.

S. 1374 -- Senator Rose: A BILL TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13 SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NON-GOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Baxley
Boan                 Breeland             Brown, H.
Brown, J.            Brown, T.            Carnell
Cato                 Cave                 Chamblee
Cooper               Cotty                Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Gamble
Hallman              Harrell              Harris, J.

Harris, P.           Harrison             Haskins
Hines, J.            Hodges               Howard
Hutson               Jennings             Keegan
Kelley               Kinon                Kirsh
Klauber              Knotts               Lee
Limbaugh             Littlejohn           Lloyd
Loftis               Marchbanks           Mason
McCraw               McElveen             McKay
McMahand             Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Rhoad                Rice                 Riser
Sandifer             Scott                Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Townsend
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          White                Wilder
Wilkins              Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, May 9.
Jennings G. McAbee                 John W. Tucker, Jr.
William Clyburn                    Ronald C. Fulmer
George H. Bailey                   Alfred B. Robinson, Jr.
Bradley D. Cain                    Gilda Cobb-Hunter
Michael F. Jaskwhich               H.B. Limehouse III
Timothy C. Wilkes                  Douglas E. McTeer, Jr.
Dewitt Williams                    Timothy F. Rogers
Jackson S. Whipper                 Steve P. Lanford
Daniel L. Tripp                    Curtis B. Inabinett
Alma W. Byrd                       Lynn Seithel
James L.M. Cromer, Jr.             C. Alex Harvin III
Jerry N. Govan, Jr.                Larry L. Koon

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