Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.
A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:
Dearly Beloved, as we remember the life and legacy of Dr. Martin Luther King, Jr., we read from the thirteenth Chapter of St. Paul's First Epistle to the Corinthians verse 11, in the New Revised Version of the Bible:
"When I was a child,
I spoke like a child, I thought like a child,
I reasoned like a child;
When I became an adult,
I put an end to childish ways."
Let us pray.
Dear Lord and Father of us all, we do, indeed, pray that by Your Spirit You will help the human race to grow up.
We remember that the Apostle John, in old age and feeble health, was helped by the young men of the synagogue to stand for one last word to the people on the Sabbath. He would always just say these words, "Little children, love one another."
Martin Luther King said that he had a dream that one day "all God's children would sit down at the table of brotherhood together."
Dear Lord, in all sincerity, we pray that if we can't love like St. John, nor have brotherhood with Martin Luther King, help us to start with a good quality of civility toward each other... at home and around the wide, wide world! Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator WASHINGTON rose to a Point of Personal Interest.
Columbia, S.C., January 15, 1996
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has tabled, with Senate amendments:
H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.
Very respectfully,
Speaker of the House
Received as information.
The following were introduced:
S. 1023 -- Senator Short: A CONCURRENT RESOLUTION TO RECOGNIZE THE HONORABLE JOSIE G. GASTON FOR HER DISTINGUISHED CAREER IN PUBLIC OFFICE AND FOR HER LOYAL AND UNFLAGGING SERVICE TO THE FAIRFIELD COUNTY SCHOOL BOARD OF TRUSTEES AND HER SERVICE AS AN OFFICER, DIRECTOR, AND 1995 PRESIDENT OF THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Whereas, The Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the forty-third annual "B.A.C. - Coffee Day for People with Disabilities" in South Carolina on Good Friday, April 5, 1996; and
Whereas, under the statewide leadership of Lynn B. Bagnal, State Easter Seal Chairwoman, and Mary Wood Beasley, State Campaign Chairperson, ably assisted by W. C. Bain, State President and John L. Caudle, II, Executive Director of the South Carolina Law Enforcement Officers' Association, and Thomas L. Sponseller, Executive Director, and Robert Williams, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and
Whereas, the "B.A.C." buttons go on sale Wednesday, March 13, 1996; and
Whereas, the "B.A.C." project and all other programs of Easter Seals deserve the support, merit and praise of all citizens of the State. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Wednesday, March 13, 1996, is designated "Disabilities Day" in South Carolina and that Kevin Seay, son of Vickie Seay of Spartanburg; Quincy Allen Wells, son of Martha Wells of Greenwood County; Amanda Fields, daughter of Charles and Sherry Fields of Anderson County; Mr. Bradley O'Dell of Greenville; Charlene Hughes, daughter of Bobby and Bonnie Hughes of Georgetown; Kenny Hardee, son of Dina Hardee of West Columbia and Kenny Hardee, Sr. of Lexington; Amber Michelle Quarles, daughter of Laurey and Darrin Kirby of Florence County; who have been chosen to serve as State Easter Seal Representatives, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 13, 1996.
Be it further resolved that the General Assembly extends to Easter Seals and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.
Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of Easter Seals, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the state Easter Seal Representatives themselves.
Referred to the Committee on Invitations.
S. 1025 -- Senator Martin: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO TAKE THE NECESSARY STEPS TO RENAME THE NORTH FISHTRAP ROAD BRIDGE (SC 37) IN PICKENS COUNTY IN HONOR OF THE LATE SAMUEL H. LUSK.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1026 -- Senators Washington, Bryan, Cork, Matthews and Giese: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SCHOOL BOARDS OF TRUSTEES PROVIDING FOR KINDERGARTENS, SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR 1996-97, THE FIVE-YEAR-OLD KINDERGARTEN PROGRAM IN EACH SCHOOL DISTRICT MUST BE A FULL-DAY PROGRAM WITH AT LEAST THE SAME HOURS OF OPERATION AS HAVE THE ELEMENTARY SCHOOLS OF THE DISTRICT AS REQUIRED BY LAW.
Senator WASHINGTON spoke on the Bill.
Read the first time and referred to the Committee on Education.
S. 1027 -- Senator Passailaigue: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN AN AMOUNT EQUAL TO THE INCREASE IN THE COST OF LIVING SINCE THE LAST REASSESSMENT DATE, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED THE PROPERTY MAY BE ASSESSED AT THE FAIR MARKET VALUE, TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY OWNED BY PERSONS ELIGIBLE FOR THE HOMESTEAD EXEMPTION MUST NOT INCREASE AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, AND TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY THAT HAS BEEN OWNED AND OCCUPIED BY THE SAME OWNER OR THE OWNER'S SPOUSE CONTINUOUSLY SINCE 1992 MAY NOT BE GREATER THAN ONE HUNDRED PERCENT (100%) HIGHER THAN THE ASSESSED VALUE OF THE PROPERTY IN 1992.
Read the first time and referred to the Committee on Finance.
H. 3339 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1538 SO AS TO REQUIRE DRIVERS OF MOTOR VEHICLES TRAVELING THROUGH AN EMERGENCY SCENE TO USE CAUTION AND DRIVE AT A REASONABLE SPEED, PROVIDE PENALTIES, AND PROVIDE EMERGENCY WORKERS CONTROL OVER THE EMERGENCY SCENE.
Read the first time and referred to the Committee on Transportation.
H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.
Introduction previously refused (See Senate Journals of May 11, 1995, and January 11, 1996), read the first time and referred to the Committee on Judiciary.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Introduction previously refused (See Senate Journals of May 11, 1995, and January 11, 1996), read the first time and referred to the Committee on Labor, Commerce and Industry.
H. 4351 -- Reps. Walker, Byrd, D. Smith, Allison, Baxley, J. Brown, Cain, Chamblee, Cobb-Hunter, Cooper, Cromer, Davenport, Gamble, Harrell, J. Harris, Harvin, Haskins, Herdklotz, Huff, Jaskwhich, Kelley, Kinon, Lanford, Littlejohn, McMahand, Meacham, Phillips, Robinson, R. Smith, Stille, Townsend, Vaughn, Wells, Wilder, Wilkes, Wilkins, Wright, J. Young, Inabinett, Keyserling, Hutson, Bailey, Witherspoon, Riser, Law, Simrill, Seithel, Cave, Richardson and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1996 BY ADDING SECTION 12-6-5065 SO AS TO PROVIDE FOR A DESIGNATION ON STATE INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43 SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS; AND BY ADDING SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO VOLUNTARILY CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.
Read the first time and referred to the Committee on Finance.
H. 4407 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER TO THE BOARD APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE TO REPRESENT THE GENERAL PUBLIC.
Read the first time and referred to the Committee on Education.
H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: A BILL TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
Read the first time and referred to the Dorchester County Delegation.
Senator COURSON from the Committee on Invitations polled out S. 1007 favorable:
S. 1007 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND THE EPWORTH CHILDREN'S HOME OF COLUMBIA FOR ITS OUTSTANDING SERVICE TO MANY THOUSANDS OF CHILDREN AND FAMILIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS ONE HUNDREDTH YEAR OF CHILD CARE, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF JANUARY 1996 AS EPWORTH CHILDREN'S HOME MONTH IN SOUTH CAROLINA IN HONOR OF THIS EXEMPLARY CHILD CARE FACILITY.
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Peeler Russell
S. 1007 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO COMMEND THE EPWORTH CHILDREN'S HOME OF COLUMBIA FOR ITS OUTSTANDING SERVICE TO MANY THOUSANDS OF CHILDREN AND FAMILIES OF SOUTH CAROLINA UPON THE OCCASION OF ITS ONE HUNDREDTH YEAR OF CHILD CARE, AND TO REQUEST THE GOVERNOR TO DECLARE THE MONTH OF JANUARY 1996 AS EPWORTH CHILDREN'S HOME MONTH IN SOUTH CAROLINA IN HONOR OF THIS EXEMPLARY CHILD CARE FACILITY.
The Concurrent Resolution was adopted, ordered sent to the House.
Senator COURSON from the Committee on Invitations polled out S. 1021 favorable:
S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".
Courson Wilson Matthews Patterson O'Dell Passailaigue Rose McGill
Peeler Russell
S. 1021 -- Senators Courson and Giese: A CONCURRENT RESOLUTION TO RECOGNIZE THE WORK AND CONTRIBUTIONS OF THE STAFF AND PATIENTS OF THE ADOLESCENT CANCER SUPPORT GROUP "LASTING IMPRESSIONS" DURING THEIR TEN YEAR ANNIVERSARY CELEBRATION AND TO ACKNOWLEDGE THE YOUNG PEOPLE WHO HAVE PARTICIPATED IN THE LASTING IMPRESSIONS PROGRAM DURING THE PAST TEN YEARS AND TO DESIGNATE SATURDAY, JANUARY 27, 1996, AS "LASTING IMPRESSIONS DAY".
The Concurrent Resolution was adopted, ordered sent to the House.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill having been read the second time was ordered placed on the third reading Calendar:
S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.
H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.
Senator GIESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator GIESE, with unanimous consent, the Bill was recommitted to the Committee on Medical Affairs, retaining its place on the Calendar.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.
On motion of Senator LEATHERMAN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator DRUMMOND, the Bill was carried over.
H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
On motion of Senator HOLLAND, the Bill was recommitted to the Committee on Medical Affairs.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: 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.
Senator DRUMMOND asked unanimous consent to make a motion to recommit the Bill to the Committee on Finance, retaining its place on the Calendar, with Senator WILSON retaining the floor, for the purpose of holding public hearings and, the Bill is to be reported out and available for consideration by the Senate no later than February 13, 1996.
There was no objection and the motion was adopted.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
S. 456 -- Senators McConnell and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-115 SO AS TO PROVIDE THAT A FAMILY COURT-APPOINTED GUARDIAN AD LITEM IS IMMUNE FROM LIABILITY FOR ACTS OR OMISSIONS RELATING TO THE COURT APPOINTMENT; AND TO REPEAL SECTION 20-7-127 RELATING TO LIMITED IMMUNITY OF VOLUNTEER GUARDIANS AD LITEM IN FAMILY COURT PROCEEDINGS.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator McCONNELL proposed the following Amendment No. 6 (JUD0456.028):
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Article 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:
Section 20-7-105. A family court-appointed guardian ad litem has civil immunity for acts or omissions within the scope of the duties of the court appointment. No person serving as a guardian ad litem shall have immunity from liability for criminal acts."
SECTION 2. Section 20-7-127 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor and applies retrospectively to all causes of action as to which no final judgment has been entered and applies prospectively as of this act's effective date./.
Amend title to conform.
Senator McCONNELL explained the amendment.
At 12:45 P.M., Senator MARTIN assumed the Chair.
Senator McCONNELL continued arguing in favor of the adoption of the amendment.
Senator HOLLAND, with unanimous consent, was recognized to make brief remarks.
On motion of Senator McCONNELL, the Bill was recommitted to the Committee on Judiciary.
On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Hershel A. Murry of Chapin, S.C.
At 1:17 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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