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H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Medical Affairs.

The Medical Affairs Committee proposed the following amendment (JIC\5821AC.96), which was adopted:

Amend the bill, as and if amended, SECTION 2, Section 44-29-240, page 2, lines 8 and 13, by deleting /should/ and inserting /is encouraged to/.

Amend further by deleting SECTION 3 of the bill.

Renumber sections to conform.

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator COURTNEY, with unanimous consent, H. 4136 was ordered to receive a third reading on Friday, May 3, 1996.

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The Committee on Finance proposed the following amendment (JIC\5899HTC.96), which was adopted:

Amend the bill, as and if amended, by striking Section 1-11-425, as contained in SECTION 1, page 2, and inserting:

/Section 1-11-425. The State Budget and Control Board shall approve all requests for information technology equipment and services for state government as defined by the State Procurement Code with exemptions as defined by the board through regulation. In considering requests, the board shall ensure that requests are justified, that duplication among state agencies does not exist, that systems procured provide the most efficient means for providing services and are cost-effective, and that new

Amend further, by striking Section 59-7-80, as contained in SECTION 2, beginning on page 2, and inserting:

/Section 59-7-80. The South Carolina Educational Television Commission shall:

(1) develop and implement a plan to increase revenue generated at each of the regional stations. A report of the regional stations' progress must be submitted to the State Reorganization Commission, Senate Finance Committee, and House Ways and Means Committee no later than January 1, 1998;

(2) annually develop a written plan to maximize the return on its investment in the Satellite Educational Resources Consortium. The plan shall include objective criteria that establish, for each course produced, a threshold level for cost recovery, below which point course production will be discontinued. The plan must be submitted to the Senate Finance Committee and the House Ways and Means Committee;

(3) in conjunction with the State Department of Education, formulate and implement a marketing plan to increase awareness of the Satellite Educational Resources Consortium programs. A copy of the completed plan must be forwarded to the State Reorganization Commission upon its completion. A progress report must be submitted to the State Reorganization Commission, Senate Finance Committee, and House Ways and Means Committee no later than January 1, 1998./

Amend further, by striking Section 59-7-10, as contained in SECTION 3, beginning on page 3, and inserting:

/Section 59-7-10. There is hereby created the South Carolina Educational Television Commission, which shall be composed of the Superintendent of Education, who shall be a member of the Commission, serves ex officio, and in addition the Commission shall be composed of seven members to be appointed by the Governor with the advice and

Amend title to conform.

Senator PEELER proposed the following amendment (JUD4737.001), which was adopted:

Amend the bill, as and if amended, by adding a new item to Section 59-7-80, as contained in SECTION 2, to read:

/( ) subject to the provisions of Chapter 35 of Title 11, the South Carolina Educational Television Commission attempt to secure a private contractor for the operation of its day care facility in accordance with the National Association for the Education of Young Children (NAEYC) accreditation standards. The commission shall submit a report to the State Reorganization Commission, the Senate Finance Committee, and the House Ways and Means Committee by March 1, 1997, that includes the actions taken and their effects on its day care facility revenues and enrollment, a detailed expenditure report for day care facility operations in calendar year 1996, and an operational budget for day care facility operations in calendar year 1997./

Renumber remaining items to conform.

Amend title to conform.

Senator PEELER explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

Having voted on the prevailing side, Senator LAND asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave second reading to the Bill.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senators RICHTER and LAND proposed the following amendment (4663R001.LER), which was adopted:

Amend the bill, as and if amended, by striking all after the title and inserting therein the following:

/Whereas, the General Assembly abolished the common law cause of action for criminal conversation by legislative enactment in 1991 (Section 15-3-150); and

Whereas, the South Carolina Supreme Court abolished the common law cause of action for alienation of affections in 1992; and

Whereas, the family is an important and integral institution in our society ensuring the continued vitality and stability of our State and nation; and

Whereas, the constitutions of our State and nation protect contract rights of our citizens; and

Whereas, the institution of marriage is a sacred contract which deserves protection and preservation; and

Whereas, a cause of action for interference with marital relationships is an important tool in combating erosion of the sanctity of marriage, which forms the cornerstone of the family. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 75 of Title 15 of the 1976 Code is amended by adding:

"Section 15-75-25. (A) A person may maintain an action for damages arising out of interference with marital relationships. `Interference with

(B) No cause of action for interference with marital relationships may be maintained unless commenced within three years of the date of accrual of the cause of action."

SECTION 2. Section 18-1-90 of the 1976 Code is amended to read:

"Section 18-1-90. Bail shall may be allowed to the defendant in all cases in which the appeal is from the trial, conviction, or sentence for a criminal offense.; except that no However, bail shall be is not allowed when the defendant shall have has been sentenced to death, life imprisonment, or for a term exceeding imprisonment for more than ten years."

SECTION 3. This act takes effect upon approval by the Governor, except that the provisions of SECTION 1 are not retroactive and shall apply prospectively to causes of action accruing on or after the effective date./

Amend title to conform.

Senator RICHTER explained the amendment.

Senator BRYAN argued contra to the adoption of the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT,

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD3909.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 31, by striking Section 42-1-660, as contained in SECTION 1, and inserting therein the following:

/"Section 42-1-660. No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or firm offering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project is liable in any action brought pursuant to Section 42-1-560 for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifically assumed by contract or by direct supervision or continual direction of the injured employee relative to the segment of the job which results in the injury.

The immunity provided by this section does not apply to the negligent preparation of design plans or specifications."/

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator J. VERNE SMITH, with unanimous consent, H. 3909 was ordered to receive a third reading on Friday, May 3, 1996.

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD4502.001), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 24, by striking Section 20-1-18, as contained in SECTION 1, in its entirety.

Amend the bill further, as and if amended, page 1, beginning on line 31, in Section 20-1-10(A), as contained in SECTION 2, by striking lines 31 through 32 in their entirety and inserting therein the following:

/"Section 20-1-10. (A) All persons, except mentally incompetent persons, and/

Amend the bill further, as and if amended, page 2, by adding an appropriately numbered SECTION to read:

/SECTION ___. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable./

Renumber remaining sections to conform.

Amend title to conform.

Senator MARTIN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator HOLLAND, with unanimous consent, H. 4502 was ordered to receive a third reading on Friday, May 3, 1996.

Columbia, S.C., May 2, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:

H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

The following were introduced:

H. 4995 -- Reps. Knotts, Gamble, Koon, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO THANK REBECCA WILLIAMS KELLY FOR HER OUTSTANDING DEDICATED LEADERSHIP AND SERVICE AS MAYOR OF SOUTH CONGAREE,

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4996 -- Reps. Martin, Baxley, Allison, Anderson, Askins, Bailey, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO THANK THE HONORABLE PAULA H. THOMAS FOR HER DEDICATED SERVICE, HER SIGNIFICANT CONTRIBUTIONS, AND HER CAPABLE LEADERSHIP IN THE GENERAL ASSEMBLY AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Read the first time and referred to the Committee on Judiciary.

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