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:
Almighty God our Heavenly Father, Who feeds the birds and clothes the grass, and Who cares for His children as a father His children, guard us against distrust and anxiety. We thank You for Your word. May we always be found using this Your word as a steering wheel for our lives, not as a spare tire. As You have called us to unique service in this place, make us worthy of our calling. Keep us steadfast with courage, completely believing Your great precious promises.
Hear us, O Lord, with Your favor this our prayer made in praise and thanksgiving. 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. YOUNG moved that when the House adjourns, it adjourn in memory of Leslie Earl Pack of Sumter, which was agreed to.
On motion of Rep. HASKINS, with unanimous consent, the following communication from the SPEAKER of the House to the President Pro Tempore of the Senate was ordered printed in the Journal as follows:
March 17, 1998
The Honorable John W. Drummond
South Carolina Senate
111 Gressette Building
Columbia, South Carolina 29202
Re: H. 4688 - Concurrent Resolution for the Election of Judges
Dear Senator Drummond:
I am writing concerning H. 4688. On March 11, 1998, the Senate amended and adopted H. 4688. On March 12, 1998, I, as Speaker and on behalf of the House of Representatives, refused to accept H. 4688, as amended by the Senate, and returned the resolution to the Senate with a letter explaining the reasons for refusing to accept the resolution. On March 13, 1998, the Clerk of the House received the following message from the Senate:
"H. 4688 was amended and adopted by the Senate on March 11, 1998, and inasmuch as the Senate is not aware of any statutory or constitutional provisions requiring further action by the Senate or authorizing the House of Representatives to refuse the return of the Resolution, it is respectfully returned to the House."
Signed "Frank Caggiano"
As previously stated in my letter dated March 12, 1998, the House of Representatives refused to accept H. 4688, because the resolution, as amended by the Senate, blatantly violates the South Carolina Constitution and the statutory law of this State. The House is, in effect, dealing with H. 4688 in the same manner in which the House refuses to accept and returns Senate bills which violate the Constitution by appropriating revenue. Inasmuch as the House of Representatives is not aware of any statutory or constitutional authority allowing the General Assembly to violate the mandates of our State's Constitution or statutory law, the House of Representatives once again refuses to accept H. 4688.
Based upon the Senate's insistence that the House accept H. 4688, the House of Representatives' refusal to accept an unconstitutional resolution, and in an effort to avoid continuous passing of this resolution back and forth between the two bodies, H. 4688 has been forwarded to Legislative Council without any other action taken upon it by the House of Representatives. Legislative Council has been requested to serve as a repository for H. 4688 until resolution of this matter between the two bodies.
Sincerely,
David H. Wilkins
Speaker of the House
The following was received.
Columbia, S.C., March 17, 1998
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. 1087:
S. 1087 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 18, 1998, 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 IN THE HALL OF THE HOUSE OF REPRESENTATIVES AT 11:30 A.M. ON WEDNESDAY, MARCH 18, 1998, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
Very respectfully,
President
Received as information.
The following was received and referred to the appropriate committee for consideration.
Document No. 2290
Promulgated By Board of Financial Institutions
Statutory Authority: 1976 Code Section 34-29-110
Consumer Finance Act
Received By Speaker March 17, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 15, 1998
(Subject to Sine Die Revision)
The following was introduced:
H. 4808 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MRS. RUTH CORLEY SIMONS OF RICHLAND COUNTY FOR HER OUTSTANDING WORK WITH V.V. REID NURSERY AND KINDERGARTEN IN COLUMBIA AND FOR HER MANY OTHER ACCOMPLISHMENTS AND DECLARING MARCH 18, 1998, AS "RUTH CORLEY SIMONS DAY" IN HER HONOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4809 -- Reps. Harvin and Young: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE CLARENDON COUNTY BOARD OF EDUCATION, OR HIS DESIGNEE, ALSO SHALL SERVE AS AN EX OFFICIO MEMBER OF THIS BOARD.
On motion of Rep. HARVIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4810 -- Rep. Felder: A BILL TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES PATERNITY.
Referred to Committee on Judiciary.
H. 4811 -- Reps. Scott and Harrison: A BILL TO AMEND CHAPTER 53 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF "ACCOMMODATION BONDSMAN", PROVIDE A DEFINITION FOR "COURT" AND "GOOD CAUSE", TO SUBSTITUTE THE PROCEDURE THAT ALLOWS A SURETY TO BE RELIEVED ON A BOND FOR THE PROCEDURE THAT ALLOWS A SURETY TO SURRENDER A DEFENDANT, TO ESTABLISH A PROCEDURE THAT ALLOWS A SURETY TO PAY AN ESTREATMENT IN INSTALLMENTS, TO SUBSTITUTE "PROFESSIONAL BONDSMAN", AND "SURETY BONDSMAN" FOR "BAIL BONDSMAN", TO PROVIDE EDUCATIONAL REQUIREMENTS FOR A PERSON APPLYING FOR A LICENSE TO WORK AS A LICENSED PROFESSIONAL BONDSMAN, SURETY BONDSMAN, OR RUNNER, AND REVISE THE LICENSE EXAMINATION PROCEDURE, TO REDUCE THE FEE THAT A BONDSMAN PAYS TO A COUNTY CLERK OF COURT AND PROVIDE THAT A RUNNER ALSO SHALL PAY THIS FEE, TO REVISE THE LICENSE RENEWAL PROCEDURE FOR PROFESSIONAL AND SURETY BONDSMEN AND RUNNERS, TO PROVIDE THAT A PROFESSIONAL OR SURETY BONDSMAN OR RUNNER WHOSE LICENSE HAS BEEN REVOKED MUST NOT BE ISSUED ANOTHER LICENSE FOR A CERTAIN PERIOD BEFORE BEING RELICENSED, TO DELETE THE CONDITIONS UPON WHICH A BONDSMAN MAY SIGN OR COUNTERSIGN BLANK BAIL BONDS, OR AUTHORIZE ANOTHER TO COUNTERSIGN HIS NAME TO BONDS, TO SUBSTITUTE "COMPANY APPOINTING SURETY BONDSMAN" FOR "INSURER" AND REQUIRE THAT ALL BONDS WRITTEN BY A SURETY BONDSMAN SHALL HAVE ATTACHED THE INDIVIDUAL POWER OF ATTORNEY IN THE AMOUNT OF THE BOND, TO REVISE THE PROCEDURE THAT ALLOWS THE SUBSTITUTION OF BAIL BY SURETIES BY REQUIRING THE FILING OF A NEW UNDERTAKING WITH THE COURT EXECUTED BY THE DEFENDANT AND THE SURETIES WHEN BAIL IS SUBSTITUTED BY SURETIES, TO REVISE THE REQUIREMENT THAT A BONDSMAN SHALL MAINTAIN CERTAIN DEPOSITS WITH A CLERK OF COURT BY REQUIRING A MINIMUM OF TEN THOUSAND DOLLARS IN COLLATERAL BE IN THE FORM OF CASH OR CERTIFICATES OF DEPOSIT WITH THE REMAINING COLLATERAL IN THE FORM OF REAL ESTATE, AND TO REVISE THE PENALTY FOR VIOLATIONS OF PROVISIONS CONTAINED IN THIS CHAPTER.
Referred to Committee on Judiciary.
H. 4813 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO REVISE THE DEFINITION OF "CHILD" TO STATE THAT IT IS A PERSON UNDER THE AGE OF EIGHTEEN WHO HAS BEEN BORN.
Referred to Committee on Judiciary.
H. 4814 -- Reps. Kelley, Keegan, Witherspoon, Edge and Barfield: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNMENTS, SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO REGULATE OR PROHIBIT THE DISCHARGE OF OTHERWISE LAWFUL FIREWORKS IN PARTS OF THE COUNTY WHERE BECAUSE OF POPULATION DENSITY OR CONTIGUITY TO MUNICIPALITIES, THE PUBLIC SAFETY REQUIRES SUCH REGULATION.
Referred to Committee on Judiciary.
S. 833 -- Senators Peeler and Giese: A BILL TO AMEND SECTION 48-49-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IDENTIFICATION OF PROTECTED MOUNTAIN RIDGE CRESTS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES RATHER THAN THE DEPARTMENT OF PARKS, RECREATION AND TOURISM SHALL HAVE THE RESPONSIBILITY OF IDENTIFYING PROTECTED MOUNTAIN RIDGE CRESTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 837 -- Senator Lander: A BILL TO REPEAL SECTION 59-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF EDUCATION'S AUTHORITY TO ALLOW ADJUSTMENTS IN THE AMOUNT OF INSTITUTIONAL TIME REQUIRED IN THE DEFINED MINIMUM PROGRAM AND A PROVISION WHICH PROHIBITS THE REQUIREMENT OF A FOREIGN LANGUAGE AS A PREREQUISITE TO RECEIVING A REGULAR HIGH SCHOOL DIPLOMA.
Referred to Committee on Education and Public Works.
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1104 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION,, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
S. 1109 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4812 -- Rep. Wilkes: A CONCURRENT RESOLUTION CONGRATULATING THE BANK OF RIDGEWAY ON ITS ONE HUNDREDTH ANNIVERSARY.
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 Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, H. Brown, J. Byrd Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Neilson Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, March 17.
James Emerson Smith, Jr. Harry R. Askins Gilda Cobb-Hunter James H. Harrison Alfred B. Robinson, Jr. Michael E. Easterday Grady A. Brown Joseph H. Neal Ralph W. Canty Douglas Jennings, Jr. Theodore A. Brown Jackson S. Whipper
LEAVES OF ABSENCE
The SPEAKER granted Rep. CAMPSEN a leave of absence for the week due to compelling business reasons.
The SPEAKER granted Rep. BOAN a leave of absence for the day.
The SPEAKER granted Rep. SHEHEEN a leave of absence for the day due to being in court.
The SPEAKER granted Rep. MULLEN a leave of absence for the day.
Announcement was made that Dr. Marion McFarland of Columbia is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4646
DATE ADD:
3/17/98 J.M. Knotts, Jr.
Bill Number: H. 4387
DATE ADD:
3/17/98 J.M. Knotts, Jr.
Bill Number: H. 4484
DATE REMOVE:
3/17/98 J. Gresham Barrett
3/17/98 W.E. Sandifer III
Bill Number: H. 4776
DATE ADD:
3/17/98 William K. Bowers
Bill Number: H. 4541
DATE ADD:
3/17/98 Walton J. McLeod
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4806 -- Reps. McLeod and Wilder: A BILL TO PROVIDE THAT THE MEMBERS OF THE NEWBERRY COUNTY BOARD OF EDUCATION MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SINGLE-MEMBER ELECTION DISTRICTS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, BEGINNING IN 1998, TO REQUIRE THE COUNTY ELECTION COMMISSION TO CONDUCT THE ELECTIONS, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN NONPARTISAN ELECTION PROCEDURES, TO REQUIRE BOARD MEMBER COMPENSATION TO BE INCLUDED AS A SPECIFIC SECTION IN THE BUDGET AND REQUIRING TWO READINGS OF THE SECTION, AND TO PROVIDE FOR REGULAR MEETINGS OF THE BOARD; AND TO REPEAL ACT 284 OF 1985 RELATING TO THE COMPOSITION AND ELECTION OF THE NEWBERRY COUNTY BOARD OF EDUCATION.
The following Bill was taken up.
H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Reps. BREELAND and FELDER proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9779JM.98), which was adopted.
Amend the bill, as and if amended, by striking Section 25-11-40, as contained in SECTION 1, and inserting:
/"Section 25-11-40. (A) For the purpose of this section, 'veteran' means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable pursuant to Title 38 of the United States Code. A county veterans affairs officer position may be filled by a qualified veteran or by a qualified nonveteran if the veteran being considered has lesser qualifications.
(B) Subject to the recommendation of a majority of the senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin on the effective date appointed when filling an unexpired term and continue until July first in the odd-numbered year in which an incumbency of four years is recognized. Thereafter, the ensuing term of office shall begin July first of each odd-numbered year and shall continue for a term of two four years and until their his successors shall be successor is appointed. Any such county veterans affairs officer must be a qualified veteran who served on active duty and was discharged or released from such active duty with an honorable discharge; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post has lesser qualifications. Any such county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the senators representing the county and a majority of the House members representing the county.
(C) All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within two years following initial appointment, either through the Division of Veterans' Affairs or through an accredited national veterans service organization. A training council from the S.C. Association of County Veterans' Affairs officers, in conjunction with the Division of Veterans' Affairs, or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans' Affairs or through an accredited national veterans service organization. Any county veterans affairs officer who does not complete the required training and receive accreditation within the first two years following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required annually.
(D) (1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(2) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(3) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. BREELAND explained the amendment.
Rep. COOPER moved to table the Bill.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Cooper Davenport Easterday Edge Fleming Harris Jordan Kirsh Sandifer Simrill Stille Townsend Trotter Vaughn Witherspoon
Those who voted in the negative are:
Allison Altman Askins Bailey Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Cato Cave Chellis Clyburn Cotty Cromer Dantzler Delleney Felder Gamble Gourdine Govan Hamilton Harrell Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Keegan Kennedy Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Mack Maddox Mason McAbee McCraw McGee McKay McLeod McMahand Meacham Miller Moody-Lawrence Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Scott Seithel Sharpe Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stuart Tripp Webb Whatley Wilder Wilkes Woodrum Young Young-Brickell
So, the House refused to table the Bill.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9776JM.98).
Amend the bill, as and if amended, by striking Section 25-11-40, as contained in SECTION 1, and inserting:
/"Section 25-11-40. (A) For the purpose of this section, 'veteran' means a person who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from service active duty because of a service-connected disability. A county veterans affairs officer position may be filled by a qualified veteran or by a qualified nonveteran if the veteran being considered has lesser qualifications.
(B) Subject to the recommendation of a majority of the senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin on the effective date appointed when filling an unexpired term and continue until July first in the odd-numbered year in which an incumbency of two years is recognized. Thereafter, the ensuing term of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until their his successors shall be successor is appointed. Any such county veterans affairs officer must be a qualified veteran who served on active duty for a period of more than one hundred eighty days and was discharged or released from such active duty with an honorable discharge or, if one hundred eighty days or less, was discharged or released from such active duty because of a service-connected disability; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post has lesser qualifications. Any such county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the senators representing the county and a majority of the House members representing the county.
(C) All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within two years following initial appointment, either through the Division of Veterans' Affairs or through an accredited national veterans service organization. A training council from the S.C. Association of County Veterans' Affairs officers, in conjunction with the Division of Veterans' Affairs, or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans' Affairs or through an accredited national veterans service organization. Any county veterans affairs officer who does not complete the required training and receive accreditation within the first year following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required every two years.
(D)(1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(2) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(3) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. BREELAND spoke against the amendment.
Rep. BREELAND continued speaking.
Rep. KIRSH spoke in favor of the amendment.
Reps. COOPER, KIRSH, LOFTIS, PHILLIPS, BECK, SPEARMAN, FLEMING, TROTTER, McCRAW, EDGE, LAW and BREELAND requested debate on the Bill.
The following Bill was taken up.
H. 3833 -- Reps. Hawkins, Altman, F. Smith, J. Smith, Maddox, Campsen, Whipper, Baxley, Bauer, Delleney, D. Smith, Beck, H. Brown, McCraw, Haskins, Fleming, Young, Felder and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-7-435 AND BY AMENDING SECTION 43-7-440, AS AMENDED, RELATING TO ENFORCEMENT OF A SUPERIORITY OF RIGHTS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO REQUIRE, RATHER THAN AUTHORIZE, THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN ENFORCING ITS ASSIGNMENT OR SUBROGATION RIGHTS, TO REDUCE ANY AMOUNT DUE THE DEPARTMENT BY TWENTY-FIVE PERCENT IF THE RECIPIENT OF SERVICES HAS RETAINED AN ATTORNEY TO PURSUE THE RECIPIENT'S CLAIM AGAINST A THIRD PARTY; AND TO AMEND SECTION 43-7-410, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO CONFORM THE DEFINITION OF "COMMISSION" TO GOVERNMENT RESTRUCTURING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7269AC.98), 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 43-7-435. (A) For purposes of determining the value of medical services received by the applicant or recipient in order to pursue recovery from a third party or private insurer, the applicant or recipient may present evidence of the greater of the Medicaid claim amount or the billed amount of those medical services before any discount applied because of Medicaid coverage of the services.
(B)(1) In enforcing its assignment or subrogation rights, the Department of Health and Human Services shall reduce any amount due to the department by the percent agreed upon by the applicant or recipient and his attorney as attorney fees. The agreed upon percent reduction may not exceed thirty-three and one third percent except as provided in Subsection (B)(2). The percent reduction is twenty-five percent if no percentage attorney fee is agreed upon between the applicant or recipient and the attorney. That amount represents the department's share of attorney fees paid by the applicant or recipient. An attorney retained by the applicant or recipient must not be considered liable to the department for improper settlement, compromise, or disbursement of funds unless the attorney has written notice by certified mail of the department's claim before the disbursement of funds.
(2) The applicant or recipient and his attorney may petition the court to increase the percentage over thirty-three and one-third percent in complicated litigation which proceeds to trial. The court must conduct a hearing and make written findings on its decision to order more than a thirty-three and one-third percent reduction in the amount due to the department. The court must make a finding that the resulting fee for the attorney is reasonable based on factors including, but not limited to, the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly, the likelihood that the acceptance of the particular employment precluded other employment by the lawyer, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, the time limitations imposed by the applicant or recipient or by the circumstances, the nature and length of the professional relationship with the applicant or recipient, and the experience, reputation, and ability of the lawyer or lawyers performing the services.
(C) The department shall also share in other reasonable costs of litigation by reducing the amount due the department by a percentage of the costs, the percentage calculated by dividing the amount due the department by the total recovery received from the third party or private insurer.
(D) Upon discovery by the department of a Medicaid claim which may be part of a personal injury lawsuit, the department shall send to the applicant or recipient a letter which shall contain the following notice in bold print and all upper case letters:
'NOTICE: IF YOU ARE A PARTY TO A LAWSUIT OR CONSIDERING A LAWSUIT BECAUSE OF YOUR INJURIES, YOU MUST BRING THIS NOTICE OF MEDICAID CLAIM TO THE ATTORNEY OF YOUR CHOICE AS SOON AS POSSIBLE. YOUR ATTORNEY MUST CONTACT US BY CERTIFIED MAIL WITHIN THIRTY DAYS OF YOUR RECEIPT OF THIS LETTER TO NOTIFY US THAT HE OR SHE REPRESENTS YOU. FAILURE TO DO THIS MAY RESULT IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES HIRING AN ATTORNEY OF ITS CHOICE TO PURSUE ITS CLAIM. IF YOU WISH TO HIRE AN ATTORNEY BUT DO NOT KNOW ONE, YOU MAY CALL THE LAWYER REFERRAL SERVICE OF THE SOUTH CAROLINA BAR AT 1-800-868-2284 FOR THE NAMES OF ATTORNEYS IN YOUR AREA.'
An attorney for an applicant or recipient shall notify the department of a potential Medicaid claim upon its actual discovery, as well as notice of his or her representation of the applicant or recipient. This notice must be mailed to the department by certified mail within thirty days of actual discovery of the claim, but in no event later than thirty days following the applicant's or recipient's receipt of written notice of the Medicaid claim by the department sent certified mail to the applicant or recipient containing the above language.
(E) Upon written request by the attorney for the applicant or recipient, the department shall provide written information regarding the Medicaid claim which shall include, but is not limited to, the outstanding amount of the claim at the time of the department's response. The department shall provide its response within ten days of receipt of the request if the first claim was submitted to the department within the last eighteen months and within forty-five days of receipt in all other cases. The attorney may rely on that information for a period of sixty days after receipt for purposes of negotiating a settlement or pursuing a verdict. If a settlement or verdict is not obtained within sixty days of receipt of the claim of information, the attorney must request an update, and the department may amend the claim to reflect its most current information which may be relied upon for a new period of sixty days of receipt. If a settlement or verdict is obtained, the attorney must provide written documentation to the department within the sixty days."
SECTION 2. Section 43-7-410(B) of the 1976 Code is amended to read:
"(B) "Commission" 'Department' means the State South Carolina Department of Health and Human Services Finance Commission."
SECTION 3. Sections 43-7-420, 43-7-430 and 43-7-440 of the 1976 Code are amended to read:
"Section 43-7-420. (A) Every applicant or recipient, only to the extent of the amount of the medical assistance paid by Medicaid, shall be is deemed to have assigned his rights to recover such amounts so paid by Medicaid from any third party or private insurer to the State South Carolina Department of Health and Human Services Finance Commission. This assignment shall does not include rights to Medicare benefits. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department in its efforts to enforce its assignment rights.
(B) An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission department in its efforts to enforce its assignment rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the applicant or recipient from any third party or private insurer.
(C) Every applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission department all information needed to enforce the assignment rights of the Commission department.
Section 43-7-430. (A) The State South Carolina Department of Health and Human Services Finance Commission shall be is automatically subrogated, only to the extent of the amount of medical assistance paid by Medicaid, to the rights an applicant or recipient may have to recover such these amounts so paid by Medicaid from any third party or private insurer. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission department and shall do nothing after medical assistance is provided to prejudice the subrogation rights of the State Health and Human Services Finance Commission department.
(B) An applicant's and recipient's determination of, and continued eligibility for, medical assistance under Medicaid is contingent upon his cooperation with the Commission department in its efforts to enforce its subrogation rights. Cooperation includes, but is not limited to, reimbursing the Commission department from proceeds or payments received by the recipient from any third party or private insurer.
(C) Every applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission department all information needed to enforce the subrogation rights of the Commission department.
Section 43-7-440. (A) The Commission department, to enforce its assignment or subrogation rights, may take any one, or any combination of, the following actions if the actions do not conflict with the requirements of Section 43-7-735:
(1) intervene or join in an action or proceeding brought by the applicant or recipient against any third party, or private insurer, in state or federal court.
(2) commence and prosecute legal proceedings against any third party or private insurer who may be liable to any applicant or recipient in state or federal court, either alone or in conjunction with the applicant or recipient, his guardian, personal representative of his estate, dependents, or survivors;
(3) commence and prosecute legal proceedings against any third party or private insurer who may be liable to an applicant or recipient, or his guardian, personal representative of his estate, dependents, or survivors;
(4) commence and prosecute legal proceedings against any applicant or recipient;
(5) settle and compromise any amount due to the State South Carolina Department of Health and Human Services Finance Commission under its assignment and subrogation rights. Provided, further, any representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission for improper settlement, compromise or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's assignment and subrogation rights prior to disbursement of funds;
(6) reduce any amount due to the State Health and Human Services Finance Commission by twenty-five percent if the applicant or recipient has retained an attorney to pursue the applicant's or recipient's claim against a third party or private insurer, that amount to represent the State Health and Human Services Finance Commission's share of attorney's fees paid by the applicant or recipient. Additionally, the State Health and Human Services Finance Commission may, in its discretion, share in other costs of litigation by reducing the amount due it by a percentage of those costs, the percentage calculated by dividing the amount due the State Health and Human Services Finance Commission by the total settlement received from the third party or private insurer. Provided, further, any representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission for improper settlement, compromise, or disbursement of funds unless he has written notice by certified mail of State Health and Human Services Finance Commission's assignment and subrogation rights prior to disbursement of funds.
(B) Providers and practitioners who participate in the Medicaid program shall cooperate with the Commission department in the identification of third parties whom they have reason to believe may be liable to pay all or part of the medical costs of the injury, disease, or disability of an applicant or recipient.
(C) Any provision in the contract of a private insurer issued or renewed after June 11, 1986, which denies or reduces benefits because of the eligibility of the insured to receive assistance under Medicaid, is null and void.
In enrolling a person or in making payments for benefits to a person or on behalf of a person, no private insurer may take into account that the person is eligible for or is provided medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act.
(D) The assignment and subrogation rights of the Commission department are superior to any right of reimbursement, subrogation, or indemnity of any third party or recipient except as provided for in subsection (D). Provided, further, any representative or attorney retained by an applicant or recipient shall not be considered liable to State Health and Human Services Finance Commission for improper settlement, compromise, or disbursement of funds unless he has written notice of State Health and Human Services Finance Commission's assignment and subrogation rights prior to disbursement of funds.
In a case where a third party has a legal liability to make payments for medical assistance to or on behalf of a person, to the extent that payment has been made under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act for health care items or services furnished to the person, the State is considered to have acquired the rights of the person to payment by any other party for the health care items or services.
(E) If the applicant's or recipient's total recovery from a third party or private insurer is more than two times the value of the applicant's or recipient's medical services received, the South Carolina Department of Health and Human Services is entitled to a full recovery of Medicaid money paid for the applicant's or recipient's related medical services, less the department's share of attorneys fees and costs. If the applicant's or recipient's total recovery from a third party or private insurer is less than two times the value of the applicant's or recipient's medical services received, the department, using cost effectiveness principles set forth in the Medicaid State Plan, shall determine what portion of the Medicaid claim it should seek to recover. If, after a good faith attempt, the applicant or recipient and the department do not agree on a recovery amount, the applicant or recipient may request an allocation hearing in the Court of Common Pleas and a judge shall determine the proper allocation of the applicant's or recipient's total recovery, after payment of attorney's fees, to reimbursement for medical services, and to all of the applicant's or recipient's other damages. Upon agreement of all parties, the allocation may be effected through mediation or arbitration."
SECTION 4. Section 43-7-460(G) of the 1976 Code, as last amended by Act 93 of 1997, is further amended to read:
"(G) Notwithstanding subsection (A)(2) upon the enactment of any amendments to federal law which grants states the option to exempt home and community-based services or other noninstitutional Medicaid services from the estate recovery provisions mandated by Section 13612 of the federal Omnibus Budget Reconciliation Act of 1993, the State South Carolina Department of Health and Human Services Finance Commission shall seek recovery of medical assistance paid under the Title XIX State Plan for Medical Assistance from the estate of an individual who:
(1) at the time of death was an inpatient in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution if the individual is required, as a condition of receiving services in the facility under the state plan, to spend for costs of medical care all but a minimal amount of the person's income required for personal needs; or
(2) was fifty-five years of age or older when the individual received medical assistance but only for medical assistance consisting of nursing facility services."
SECTION 5. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. MOODY-LAWRENCE requested debate on the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4611 -- Rep. Beck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
Rep. CROMER explained the Bill.
Rep. HOWARD requested debate on the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4646 -- Reps. Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Rep. CROMER explained the Bill.
Reps. MEACHAM, KIRSH, HINSON, MOODY-LAWRENCE, YOUNG-BRICKELL and LOFTIS requested debate on the Bill.
The following Bill was taken up.
H. 4575 -- Reps. Harrison and Klauber: A BILL TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PUBLIC UTILITY TO INCLUDE IN THE VALUATION FOR COMPENSATION AN OPINION AS TO THE REPLACEMENT COST, LESS DEPRECIATION; TO AMEND SECTION 28-2-340, RELATING TO EVIDENCE ADMISSIBLE AS TO THE VALUE OF LAND IN CONDEMNATION PROCEEDINGS, SO AS TO REQUIRE EVIDENCE OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY; AND TO AMEND SECTION 28-3-140, RELATING TO CONDEMNATION OF PUBLIC OR PUBLIC SERVICE PROPERTY, SO AS TO REQUIRE CONSIDERATION OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY COMPANY.
Reps. MEACHAM, ALTMAN, YOUNG-BRICKELL, KIRSH, MOODY-LAWRENCE, KLAUBER, SIMRILL, SANDIFER, ALLISON, GAMBLE and KNOTTS requested debate on the Bill.
The following Bill was taken up.
S. 289 -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4387 -- Reps. J. Brown, T. Brown, Canty, McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15489AC.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Maternal HIV Protection Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 44-29-260. (A) As used in this section:
(1) 'Department' means the South Carolina Department of Health and Environmental Control;
(2) 'Health care professional' means a physician, osteopath, nurse, lay midwife, or any other person authorized under the laws of this State to deliver infants or provide prenatal health care;
(3) 'HIV' means the human immunodeficiency virus;
(4) 'Health care facility' means a hospital as defined in Section 44-7-30.
(B) Every pregnant female who initially presents to a health care professional in this State for care must be counseled, in a manner consistent with recommendations of the National Centers for Disease Control (CDC) or the department about HIV, the risk of transmission of the virus to the fetus, treatment available to prevent transmission to the fetus, and must be offered the opportunity to receive a test for the presence of the HIV virus. Any child delivered under circumstances where the HIV status of the mother is undocumented must be immediately tested to determine the HIV status of the child.
(C) The results of any HIV test performed pursuant to this article must be made a permanent part of the patient's medical record, and positive results must be reported to the department as required by law.
(D) Test results obtained pursuant to this article may only be released to health care professionals attending a patient or a patient's newborn child, or both, or as authorized by the patient or the patient's legal representative or the newborn child's legal representative pursuant to Section 44-115-40. No health care professional and no agent or employee of a health care professional may be liable in any manner whatsoever for consequences of releasing information obtained pursuant to this section if the information is released to a health care professional attending the patient or the patient's newborn child, or both, or as authorized by the patient or the patient's legal representative or the newborn child's legal representative pursuant to Section 44-115-40.
(E) The following form must be completed by the health care professional or the health care professionals evidencing that the mother was offered HIV testing:
Patient:______________________________
In accordance with Section 44-29-260 of the Code of Laws of South Carolina, 1976:
(1) I acknowledge that ______________________________ has
(Name of Health Care Provider)
counseled me and provided me with information concerning:
(a) how HIV is transmitted;
(b) the benefits of testing for HIV;
(c) the benefits of knowing I have HIV (the AIDS) virus or not;
(d) the treatments which are available to me and my unborn child if I test positive; and
(2) explained to me:
(a) that I have a right to refuse the test, and I will not be denied treatment based on the results of the test; and
(b) that if I refuse testing or my previous test results are unknown at delivery of my child, I understand that my newborn baby will be immediately tested for HIV.
I have consented to HIV testing ( )
I refuse HIV testing ( )
This record will be retained as a permanent part of the patient's medical record.
_____________ ____________________
Date Patient Signature
____________________
Witness
If the patient refuses to sign this form or to check a box pertaining to HIV testing, the health care provider must sign here:
____________________
Physician or Other
Health Care Provider
____________________
Witness
(F) The provisions of this section are in addition to, and do not alter or affect, the provisions of this chapter including, but not limited to, the HIV reporting requirements.
(G) The Department of Health and Environmental Control may promulgate regulations necessary to implement this section."
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.
Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3860 -- Rep. Beck: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4850MM.98).
Amend the bill, as and if amended, Section 56-1-80, SECTION 1, page 1, line 40, by deleting /./ and inserting /;/, and by inserting after line 40:
/(7) allow an applicant voluntarily to disclose that he is an organ donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record./
When amended the Section 56-1-80 reads:
/Section 56-1-80. Every application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and
(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal.;
(6) allow an applicant voluntarily to disclose a permanent medical condition which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;
(7) allow an applicant voluntarily to disclose that he is an organ donor which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record.
Whenever an application is received from a person previously licensed or permitted in another state, the Department of Public Safety, may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be completed and delivered to the department at the time the license or permit is issued or renewed./
Reletter items to conform.
Amend title to conform.
Rep. STUART explained the amendment.
Rep. WILDER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
Rep. HOWARD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4500 -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21266SD.98), which was adopted.
Amend the bill, as and if amended, in Section 59-53-910 of the 1976 Code, as contained in SECTION 5, by striking /Tech/ on lines 9 and 10, on page 6, and inserting /technical/. When amended Section 59-53-910 of the 1976 Code shall read:
"Section 59-53-910. There is created the Beaufort Technical Technical College of the Low Country Area Commission which shall serve as the governing body of Beaufort Technical the Technical College of the Low Country. The commission is a body politic and corporate and consists consisting of seven members who must be appointed in the manner hereinafter specified provided in this section. Four members must be residents of Beaufort County, one member must be a resident of Colleton County, one member must be a resident of Hampton County, and one member must be a resident of Jasper County, all of whom must be appointed by the Governor upon the recommendation of a majority of the members of the General Assembly representing that county. The members of the commission must be appointed for terms of four years each and until their successors are appointed and qualify, except that two members from Beaufort County, and one member each from Colleton, Hampton, and Jasper Counties shall serve initial terms of two years each, the initial terms of all members to be designated by the Governor when making the initial appointments.
Any A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term only. As soon as possible after the initial appointments have been made, the The commission shall organize by electing one of its members as chairman, one as vice-chairman, and one as secretary. The terms of the initial appointees are extended so that all terms expire on the first of July of the appropriate year."
Amend the bill further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Chapter 53, Title 59 of the 1976 Code is amended by adding:
Section 59-53-1610. There is created in Aiken County the Aiken County Commission for Technical and Comprehensive Education. The commission is a body politic and corporate, consisting of nine members. Each member must be appointed by the Governor, upon the recommendation of a majority of the resident members of the legislative delegation of Aiken County, including the resident senator, and each member must be a qualified registered elector of Aiken County. Successors to currently serving commissioners must be appointed for terms of four years in the same manner as provided for the original appointment. If a vacancy arises, a successor must be appointed by the Governor for the balance of the unexpired term in the same manner as the original appointment was made. The members of the commission shall serve until their successors have been appointed and qualify. All terms of office terminate on July 1 of the appropriate year. The commission shall organize by electing one of its members as chairman, another as vice chairman, and a third as secretary. In addition to those members appointed by the Governor, the Chairman of the Aiken County Commission for Higher Education shall serve as an ex officio member of the commission.
Section 59-53-1620. The commission is responsible for the development and implementation of an adequate vocational and technical training program which includes, but is not limited to, a program coordinated with the industrial expansion effort which will provide immediate training for established industries and provide immediate training for particular industries. The commission, in carrying out this program, shall cooperate with all state and federal agencies that can assist or further its program.
Section 59-53-1630. The commission is empowered to do all things necessary or convenient to promote the objects of the program instituted by Article 1 of this chapter and, may:
(1) adopt and use a corporate seal;
(2) adopt the bylaws, rules, and regulations for the conduct of business and the expenditures of its funds as it considers advisable;
(3) acquire sites within Aiken County and construct and equip on these sites appropriate facilities in accordance with the standards and specifications promulgated by the State Board for Technical and Comprehensive Education and the State Department of Education, but land purchased and the buildings erected on the land is the property of Aiken County;
(4) acquire by gift, purchase, or otherwise all kinds and descriptions of real and personal property;
(5) accept gifts, grants, donations, devises, and bequests;
(6) provide appropriate supervision of the maintenance of any facility established to promote vocational or technical education;
(7) provide necessary administrative services required by the cooperating state agencies;
(8) employ personnel as necessary to enable the commission to fulfill its functions;
(9) establish, promulgate, and enforce reasonable rules and regulations, in conjunction with those promulgated by the cooperating state agencies, for the operation of its facilities;
(10) expend funds received in any manner, including the proceeds derived from bonds issued by Aiken County to defray costs incident to the establishment of adequate facilities for the program and thereafter expend the funds for the operation, maintenance, and improvement of the facilities;
(11) apply for, receive, and expend monies from governmental agencies, both state and federal; and
(12) exercise all powers contemplated for local agencies by Article 1 of this chapter.
Section 59-53-1640. The commission shall keep full and accurate accounts of its acts, receipts, and expenditures, and at least once within four months following the close of its fiscal year a complete audit of its affairs must be made by a qualified public accountant. Copies of the audit must be delivered to the legislative delegation and the governing body of Aiken County.
Section 59-53-1650. Not less frequently than annually, the commission shall submit a written report of its activities and file a copy with the legislative delegation for Aiken County."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. CATO, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Charleston Delegation.
S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: A BILL TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.
H. 4798 -- Reps. Harrison, Cotty, Sandifer, Klauber, Hawkins, Meacham, Young-Brickell, Barrett, McKay, Kinon, Young and J. Smith: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4113 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT IN SOUTH CAROLINA SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SUPPLEMENT, OTHER COMPENSATION, OR VALUABLE CONSIDERATION FROM ANY NONGOVERNMENTAL SOURCE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL TAKE EFFECT MAY 1, 1997.
The following Concurrent Resolution was taken up.
H. 4675 -- Rep. Harrison: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO AMEND THE UNITED STATES CODE TO PERMIT FULL CONCURRENT RECEIPT OF MILITARY LONGEVITY RETIREMENT PAY AND SERVICE-CONNECTED DISABILITY COMPENSATION BENEFITS.
Whereas, over six thousand six hundred thirty-three South Carolinians have given their lives for their country in World War I, World War II, the Korean Conflict, the Vietnam War, and the Persian Gulf Conflict, and over forty-one thousand five hundred twenty-four South Carolinians remain living with service-connected disabilities from injuries inflicted on them while they were serving their country; and
Whereas, those servicemen and servicewomen who have chosen to make a career of defending their country are integral to the success of our military forces throughout the world; and
Whereas, currently disabled veterans receive compensation proportionate to the severity of their injuries; and military retirees, who have served at least twenty years, accrue retirement pay based on longevity; and
Whereas, federal legislation has been introduced to amend Title 38 of the United States Code to eliminate an antiquated inequity which still exists in the federal law applicable to retired career service personnel who also receive service-related disability benefits; and
Whereas, under the nineteenth century law, these disabled career service personnel are denied concurrent receipt of full retirement pay and disability compensation benefits; and they must choose receipt of one or the other or waive an amount of retirement pay equal to the amount of disability compensation benefits; and
Whereas, this discrimination unfairly denies disabled military retirees the longevity pay they have earned by their years of devoted patriotism and loyalty to their country; and, in effect, requires them to pay for their own disability compensation benefits; and
Whereas, many retirees in South Carolina and across the nation, were recalled and actually returned to active duty for service in Operation Desert Storm and returned home disabled; but, when these loyal guardsmen and reservists arrived back home, they were not eligible to receive both Veterans Administration disability and retirement pay; and
Whereas no such inequity applies to retired Congress-persons, federal civil service job-holders, or other retirees who are receiving service-related disability benefits; and
Whereas, America's career service-personnel's commitment to their country, in pursuit of national and international goals, must be matched by their own country's allegiance to them for those sacrifices; and
Whereas, a statutory change is required to correct this injustice. 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 urge the Congress of the United States to amend the United States Code relating to the computation of retired pay to permit full concurrent receipt of military longevity retired pay and service-connected disability compensation benefits.
Be it further resolved that certified copies of this resolution be forwarded to the presiding officers and the majority and minority leaders of both houses of the Congress of the United States, to the Secretary of the Senate and the Clerk of the House of Representatives of the Congress of the United States, to the President of the United States, to the Secretary of Defense, and to each member of the South Carolina Congressional Delegation.
Rep. HARRISON explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. CROMER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21258SD.98), which was adopted.
Amend the bill, as and if amended, by striking Sections 44-48-20 through 44-48-70 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 44-48-20. The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists and requires involuntary civil commitment for long-term control, care, and treatment. The General Assembly further finds that the likelihood that sexually violent predators will engage in repeat acts of sexual violence if not treated, for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators, and the risks that they present to society, the General Assembly determines that a separate involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer, and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in an environment separate from persons involuntarily committed under traditional civil commitment statutes.
Section 44-48-30. For purposes of this chapter:
(1) 'Sexually violent predator' means a person who:
(a) has been convicted of a sexually violent offense, and
(b) suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.
(2) 'Sexually violent offense' means:
(a) criminal sexual conduct in the first degree, as provided in Section 16-3-652;
(b) criminal sexual conduct in the second degree, as provided in Section 16-3-653;
(c) criminal sexual conduct in the third degree, as provided in Section 16-3-654;
(d) criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);
(e) criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);
(f) engaging a child for a sexual performance, as provided in Section 16-3-810;
(g) producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;
(h) assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;
(i) incest, as provided in Section 16-15-20;
(j) buggery, as provided in Section 16-15-120;
(k) committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;
(l) violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;
(m) accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;
(n) attempt to commit an offense enumerated in item (2) as provided by Section 16-1-80;
(o) any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense.
(3) 'Mental abnormality' means a mental condition affecting a person's emotional or volitional capacity that predisposes the person to commit sexually violent offenses.
(4) 'Sexually motivated' means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant's sexual gratification.
(5) 'Agency with jurisdiction' means that agency which releases upon lawful order or authority a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole, and Pardon Services, the Board of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.
(6) 'Convicted of a sexually violent offense' means a person has pled guilty to, pled nolo contendere to, been convicted of, been adjudicated delinquent as a result of the commission of, been charged but determined to be incompetent to stand trial for, been found not guilty by reason of insanity of, or been found guilty but mentally ill of a sexually violent offense.
(7) 'Court' means the court of common pleas.
(8) 'Total confinement' means incarceration in a secure state or local correctional facility and does not mean any type of supervision in the community.
(9) 'Likely to engage in acts of sexual violence' means the person's propensity to commit acts of sexual violence is of such a degree as to pose a menace to the health and safety of others.
(10) 'Person' means an individual who is a potential or actual subject of proceedings under this act.
Section 44-48-40. (A) When a person has been convicted of a sexually violent offense, the agency with jurisdiction shall give written notice to the Attorney General and the solicitor of the judicial circuit where the person committed the offense ninety days before:
(1) the anticipated release from total confinement of a person who has been convicted of a sexually violent offense, except that in the case of persons who are returned to prison for no more than ninety days as a result of revocation of any type of community supervision program, written notice must be given as soon as practicable following the person's readmission to prison;
(2) the anticipated hearing on fitness to stand trial following notice under Section 44-23-460 of a person who has been charged with a sexually violent offense but who was found unfit to stand trial for the reasons set forth in Section 44-23-410 following a hearing held pursuant to Section 44-23-430;
(3) the anticipated hearing pursuant to Section 17-24-40(C) of a person who has been found not guilty by reason of insanity of a sexually violent offense; or
(4) release of a person who has been found guilty of a sexually violent offense but mentally ill pursuant to Section 17-24-20.
(B) When a person has been convicted of a sexually violent offense and the Board of Probation, Parole, and Pardon Services or the Board of Juvenile Parole intends to grant the person a parole or the South Carolina Department of Corrections intends to grant the person a conditional release, the parole or the conditional release shall be granted to be effective in ninety days. The Board of Probation, Parole, and Pardon Services, the Juvenile Parole Board, or the South Carolina Department of Corrections shall immediately send notice of the parole or conditional release of the person to the Attorney General and the solicitor of the judicial circuit where the person committed the offense. If the person is determined to be a sexually violent predator pursuant to this chapter, the person shall be subject to the provisions of this chapter even though the person has been released on parole or conditional release.
(C) The agency with jurisdiction shall inform the Attorney General and the solicitor of the judicial circuit where the person committed the offense of:
(1) the person's name, identifying factors, anticipated future residence, and offense history;
(2) documentation of institutional adjustment and any treatment received.
(D) The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the Attorney General or the solicitor who filed a petition pursuant to Section 44-48-50(B) from proceeding against a person otherwise subject to the provisions of this act.
(E) The agency with jurisdiction, its employees, officials, and individuals contracting, appointed, or volunteering to perform services under this chapter are immune from civil or criminal liability for any good-faith conduct under this section.
Section 44-48-50. (A) When it appears to the Attorney General that the person presently confined may be a sexually violent predator, the Attorney General may file a petition with the court in the jurisdiction where the offense was committed within seventy-five days of the date the Attorney General received the written notice by the agency with jurisdiction as provided in Section 44-48-40(A) or (B) alleging that the person is a sexually violent predator and stating sufficient facts to support the allegation.
(B) When it appears to the solicitor of the judicial circuit where the person committed the offense that the person presently confined may be a sexually violent predator and the Attorney General does not file a petition, the solicitor may file a petition with the court in the jurisdiction where the offense was committed within seventy-six days of the date the solicitor received the written notice by the agency with jurisdiction as provided in Section 44-48-40(A) or (B) alleging that the person is a sexually violent predator and stating sufficient facts to support the allegation.
(C) The provisions of this section are not jurisdictional, and failure to comply with them in no way prevents the Attorney General or a solicitor who filed a petition pursuant to Section 44-48-50(B) from proceeding against a person otherwise subject to the provisions of this act.
Section 44-48-60. (A) Upon filing of a petition, the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator and if the judge determines that probable cause exists to believe that the person is a sexually violent predator, the judge shall direct that the person be taken into custody.
(B) Within seventy-two hours after a person is taken into custody pursuant to subsection (A), the person must be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause as to whether the detained person is a sexually violent predator. At this hearing the court shall:
(1) verify the detainee's identity;
(2) receive evidence and hear argument from the person and the Attorney General or the solicitor who filed a petition pursuant to Section 44-48-50(B); and
(3) determine whether probable cause exists to believe that the person is a sexually violent predator.
The State may rely upon the petition and supplement the petition with additional documentary evidence or live testimony.
(C) At the probable cause hearing as provided in subsection (B), the detained person has the rights in addition to the rights previously specified to:
(1) be represented by counsel;
(2) present evidence on the person's behalf;
(3) cross-examine witnesses who testify against the person; and
(4) view and copy all petitions and reports in the court file.
(D) If the probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a county jail, for an evaluation as to whether the person is a sexually violent predator. The evaluation must be conducted by a person professionally qualified to conduct the examination.
Section 44-48-70. Within thirty days after a determination of probable causes by the court pursuant to Section 44-48-60, a demand for the trial to be before a jury must be filed in writing. The person, the Attorney General, a solicitor who filed a petition pursuant to Section 44-48-50(B), or the judge has the right to demand that the trial be before a jury. If a demand is made, the court shall schedule a trial before a jury at the next available date in the court of common pleas in that county. If no demand is made, the trial must be before the court. Within sixty days after the completion of a hearing held pursuant to Section 44-48-60, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. At all stages of the proceedings under this chapter, a person subject to this chapter is entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist the person. If a person is subjected to an examination under this chapter, the person may retain experts or professional persons to perform an examination of the person. If the person wishes to be examined by a qualified expert or professional person of the person's own choice, the examiner must be permitted to have reasonable access to the person for the purpose of the examination, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court, upon the person's request, shall determine whether the services are necessary and reasonable compensation for the services. If the court determines that the services are necessary and the expert or professional person's requested compensation for the services is reasonable, the court shall assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person's behalf. The court shall approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the person, and compensation received in the same case or for the same services from any other source./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE proposed the following Amendment No. 2 (Doc Name P:\AMEND\GGS\22019CM.98), which was ruled out of order.
Amend the bill, as and if amended, by adding and appropriately numbered section to read:
/SECTION __. Section 59-24-60 of the 1976 Code, as added by act 299 of 1994, is amended to read:
"Section 59-24-60. In addition to other provisions required by law or by regulation of the State Board of Education, both public and private school administrators personnel must contact law enforcement authorities immediately upon notice in their official capacity that a person is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. F. SMITH raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. LIMEHOUSE argued that the amendment was germane to the Bill in that it protected children from being molested which is what the Bill (Sexual Predator Act) deals with.
Rep. BAXLEY stated the amendment was not germane to the Bill.
SPEAKER WILKINS stated that the amendment did not meet the germaneness requirements of Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.
Reps. MOODY-LAWRENCE and CANTY proposed the following Amendment No. 3, which was tabled.
Add a section to read:
The facility constructed to accommodate the sexually violent predators will be a special wing of an existing prison or a separate building on an existing prison grounds.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Brown, H. Carnell Cato Chellis Cotty Dantzler Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Jennings Jordan Keegan Kinon Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason McGee McKay McMaster Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Battle Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cromer Davenport Delleney Gourdine Harvin Hines, J. Hines, M. Kirsh Lee Lloyd Mack Maddox McCraw McLeod Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Rodgers Scott Simrill Smith, F. Smith, J. Spearman Stille Stuart Wilder Wilkes
So, the amendment was tabled.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by recurring to the morning hour, the pending question being consideration of amendments.
The following was introduced:
H. 4815 -- Reps. Wilkins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE MR. LES G. McCRAW OF GREENVILLE, ONE OF SOUTH CAROLINA'S MOST DISTINGUISHED BUSINESS AND CIVIC LEADERS, FOR HIS FORTY-TWO YEARS OF OUTSTANDING PUBLIC AND PRIVATE SERVICE TO THE STATE AND NATION, AND TO THE FLUOR CORPORATION AND ITS PREDECESSOR COMPANIES, UPON HIS RETIREMENT FROM THE FLUOR BOARD.
The Resolution was adopted.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 1:10 P.M. the House in accordance with the motion of Rep. YOUNG adjourned in memory of Leslie Earl Pack of Sumter, to meet at 10:00 A.M. tomorrow.
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