Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. FREEMAN as follows:
Almighty God, the Giver of all blessings, help us today and all our days to live in faithfulness to Your law and under the guidance of Your Word. Help us to make no promises we cannot keep, to be patient under provocation, composed under criticism, to be respectful to others, gentle to the weak, helpful to the fallen, compassionate to the sad, courteous to all. Help us to store Your truths in our minds and thus be strong under stress and calm in crisis. And to you, Lord God, we render our praise and thanksgiving, both now and always. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of the Confederate soldiers who died, which was agreed to.
The following was received:
Columbia, S.C., Wednesday, May 9, 2001
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. 537:
S. 537 (Word version) -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN
Very respectfully,
President
Received as information.
On motion of Rep. COATES, with unanimous consent, the following was taken up for immediate consideration:
H. 4091 (Word version) -- Reps. Coates and Sandifer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COMMAND SERGEANT MAJOR A. FRANK LEVER III ON THURSDAY, MAY 17, 2001, FOR THE PURPOSE OF BEING RECOGNIZED AS THE FIRST PERSON FROM SOUTH CAROLINA SELECTED TO SERVE AS COMMAND SERGEANT MAJOR OF THE NATIONAL GUARD BUREAU.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Command Sergeant Major A. Frank Lever III on Thursday, May 17, 2001, at a time to be determined by the Speaker, for the purpose of being recognized as the first person from South Carolina selected to serve as the Command Sergeant Major of the National Guard Bureau.
The Resolution was adopted.
The following was introduced:
H. 4092 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION APPLAUDING DR. GEORGE SAWYER OF HARTSVILLE FOR HIS RECOGNITION AS SOUTH CAROLINA TOURISM AMBASSADOR OF 2001 BY THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM AND THANKING HIM FOR HIS DAUNTLESS VISION AND TIRELESS CONTRIBUTION IN SHARING THE BEAUTY OF KALMIA GARDENS WITH VISITORS TO DARLINGTON COUNTY AND SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4093 (Word version) -- Rep. Lucas: A CONCURRENT RESOLUTION CONGRATULATING THE CITY-WIDE COALITION AND COOPERATION OF THE CITY OF HARTSVILLE, COKER COLLEGE, AND THE HARTSVILLE DOWNTOWN DEVELOPMENT ASSOCIATION THAT CREATED AND NURTURED JAZZ! CAROLINA 2000, WINNER OF THE OUTSTANDING TOURISM EVENT OR FESTIVAL OF 2001 AWARD FOR A COMMUNITY OF UNDER FIFTEEN THOUSAND CITIZENS, AND EXTENDING THE GRATITUDE OF THE GENERAL ASSEMBLY TO KEN WILMOT, SR., MUSIC DIRECTOR OF THE FESTIVAL, FOR HIS LEADERSHIP IN PRESENTING AN ENERGETIC AND AWARD-WINNING CELEBRATION OF MUSIC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4094 (Word version) -- Reps. J. E. Smith and Lourie: A BILL TO AMEND SECTIONS 20-7-490, 20-7-510, 20-7-650, 20-7-670, 20-7-690, AND 20-7-9710, ALL AS AMENDED, AND SECTION 20-7-2275, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS PROVISIONS IN THE CHILDREN'S CODE HAVING PROVISIONS RELATING TO CHILD DAYCARE, AND SUBARTICLE 11, ARTICLE 13, CHAPTER 7, TITLE 20 RELATING TO THE LICENSURE AND REGULATION OF CHILD DAYCARE FACILITIES, ALL SO AS TO CHANGE THE TERMS "CHILD DAY CARE" OR "DAYCARE" TO "CHILDCARE".
Referred to Committee on Judiciary
H. 4095 (Word version) -- Reps. Robinson, Rice, Trotter and Webb: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY THE STUDENTS OF EASLEY AND DACUSVILLE AREA SCHOOLS ON APRIL 26, 2001, NAMELY BY STUDENTS AT CROSSWELL ELEMENTARY, DACUSVILLE ELEMENTARY,
H. 4096 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN TITLE 38 PERTAINING TO INSURANCE, SO AS TO ADD AND REDEFINE CERTAIN DEFINITIONS TO COMPLY, CONFORM, AND BE CONSISTENT WITH THE AMENDMENT TO CHAPTER 43 OF TITLE 38 IN THIS ACT; TO AMEND CHAPTER 43, TITLE 38, RELATING TO INSURANCE AGENTS AND AGENCIES, SO AS TO, AMONG OTHER THINGS, ESTABLISH A UNIFORM STANDARD FOR PERFORMING THE DUTIES OF A PRODUCER, PROVIDE UNIFORM EXCEPTIONS TO LICENSURE AMONG STATES FOR INDIVIDUALS NOT LICENSED AS INSURANCE PRODUCERS, CLARIFY THE REQUIREMENT FOR AGENCY LICENSURE, REMOVE THE REQUIREMENT THAT AN INSURER LICENSE AN AGENT AND INSTEAD REQUIRE AN INSURER APPOINT A LICENSED AGENT, ESTABLISH STANDARD NOTIFICATION REQUIREMENTS FOR INSURERS AND PRODUCERS WHEN A PRODUCER'S CONTRACT IS CANCELED, PROVIDE IMMUNITY AND CONFIDENTIALITY FOR THESE NOTIFICATIONS, ESTABLISH NONRESIDENT LICENSING STANDARDS FOR PRODUCERS AMONG STATES, ESTABLISH INSURANCE LINES OF AUTHORITY A PRODUCER MAY BE LICENSED FOR IN THE STATE, ESTABLISH FEE STANDARDS FOR LICENSURE AND APPOINTMENT OF AN INSURANCE PRODUCER, ESTABLISH REQUIREMENTS FOR APPLICATION FOR A PRODUCER LICENSE, ESTABLISH A UNIFORM STANDARD FOR NONRESIDENT PRODUCER'S EXEMPTION FROM PRE-LICENSING EDUCATION AND EXAMINATION REQUIREMENTS, PROVIDE UNIFORM STANDARDS FOR
H. 4097 (Word version) -- Reps. Scarborough, Owens, G. M. Smith, J. Young, Sinclair, D. C. Smith, Talley, Bingham, Weeks, Snow, Haskins, Coates, Allen, Bales, Perry, Rivers, Thompson, White, Bowers, Breeland, R. Brown, Freeman, Harrell, Leach, Limehouse and Merrill: A BILL TO AMEND SECTIONS 2-17-10 AND 8-13-1300, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, RESPECTIVELY, TO DEFINITIONS CONCERNING LOBBYISTS AND LOBBYING AND CAMPAIGN PRACTICES, BOTH SO AS TO REVISE THE DEFINITION OF "LEGISLATIVE CAUCUS" TO INCLUDE A CAUCUS BASED ON DURATION OF SERVICE IN THE GENERAL ASSEMBLY.
On motion of Rep. SCARBOROUGH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 45 (Word version) -- Senators Land, Giese, Ford, Mescher, Reese, Rankin and Branton: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD A REPRESENTATIVE OF THE MODULAR BUILDING INDUSTRY AND A CODE ENFORCEMENT OFFICER TO THE MEMBERSHIP OF THE COUNCIL, TO MAKE ALL MEMBERS VOTING MEMBERS, AND TO FURTHER PROVIDE FOR THE CALL OF MEETINGS.
Referred to Committee on Labor, Commerce and Industry
S. 241 (Word version) -- Senator Passailaigue: A BILL TO AMEND ACT 438 OF 2000 SO AS TO PROVIDE THAT STUDENTS WHO ATTEND
S. 464 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 23, TITLE 59 SO AS TO FURTHER PROVIDE FOR APPLICABLE STANDARDS, SPECIFICATIONS, AND CODES WHICH APPLY TO THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY, AND TO REQUIRE THE CONSTRUCTION, IMPROVEMENT, OR RENOVATION OF PUBLIC SCHOOL BUILDINGS AND PROPERTY TO BE INSPECTED BY THE STATE SUPERINTENDENT OF EDUCATION OR THE SUPERINTENDENT'S DESIGNEE BEFORE OCCUPANCY; AND TO REPEAL ARTICLE, 1, CHAPTER 23, TITLE 59, OF THE 1976 CODE RELATING TO SCHOOL BUILDING CODES AND INSPECTIONS.
Referred to Committee on Education and Public Works
S. 524 (Word version) -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-87 SO AS TO REQUIRE, IN ADDITION TO LICENSURE, THAT SCHOOL SOCIAL WORKERS BE CERTIFIED BY THE DEPARTMENT OF EDUCATION AND COMPLETE SIX SEMESTER HOURS WITHIN FIVE YEARS FOR RENEWAL OF CERTIFICATION.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4098 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO HONOR PATSY BROWN EPPERSON OF MANNING, THE NEWLY INSTALLED PRESIDENT OF THE GARDEN CLUB OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4099 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO HONOR COMMAND SERGEANT MAJOR A. FRANK LEVER III OF LEXINGTON, THE FIRST PERSON FROM SOUTH CAROLINA TO SERVE AS THE COMMAND SERGEANT MAJOR OF THE NATIONAL GUARD BUREAU.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Breeland Brown, J. Brown, R. Campsen Carnell Cato Chellis Coates Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hinson Huggins Jennings Kennedy Kirsh Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie
Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, May 10.
James Law Gilda Cobb-Hunter Jerry Govan Thomas Keegan Todd Rutherford Grady Brown William Bowers Harry Askins William Clyburn Mack Hines Leon Howard Jesse Hines Fletcher Smith Jackson Whipper
The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day.
Rep. FLEMING presented to the House the Union High School "Yellow Jackets" Football Team, the 2000 State Class AAA Champions, their coaches and other school officials.
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 the 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. 3101 (Word version)
Date: ADD:
05/10/01 CAMPSEN
Bill Number: H. 3693 (Word version)
Date: ADD:
05/10/01 LOFTIS
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 538 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE THREE CONSOLIDATED SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF EACH DISTRICT TO SET BY MAJORITY VOTE A SALARY THAT EACH MEMBER OF THE BOARD SHALL RECEIVE FOR ATTENDING MEETINGS OF THE BOARD, AND TO PROVIDE FOR THE
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 295 (Word version) -- Senators Martin and Alexander: A BILL TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO CHANGE THE FILING DEADLINES TO BE CONSISTENT WITH STATE LAW AND TO CORRECT REFERENCES TO THE REGISTRATION AND ELECTIONS COMMISSION FOR PICKENS COUNTY.
On motion of Rep. RICE, with unanimous consent, it was ordered that S. 295 (Word version) be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3822 (Word version) -- Reps. Cato, Tripp, Bales, Barfield, Edge, Limehouse, McCraw, Meacham-Richardson, Merrill, Robinson, Sandifer, Scott and Whatley: A BILL TO AMEND CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING ARTICLE 12 SO AS TO PROVIDE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE THE AUTHORITY TO ISSUE TO A RENTAL COMPANY A LIMITED LICENSE WHICH AUTHORIZES THE COMPANY TO OFFER OR SELL INSURANCE IN CONNECTION WITH THE RENTAL OF A MOTOR VEHICLE.
H. 3768 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 56-3-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM MOTOR VEHICLE REGISTRATION AND LICENSING REQUIREMENTS, SO AS TO EXEMPT CERTAIN FIREFIGHTING VEHICLES.
H. 4063 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2558, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4064 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2567, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4065 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES AND LEVELS OF CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2569, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 495 (Word version) -- Senators Wilson, Verdin and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1265 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST DISPLAY IN ALL DIVISION OF MOTOR VEHICLE OFFICES WHERE MOTOR VEHICLE LICENSE PLATES OR STICKERS MAY BE OBTAINED
The following Bill was taken up:
S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22036CM01):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 56-3-630 of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:
"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less. The department shall classify a three-wheel vehicle by the manufacturer's statement of origin for the vehicle's initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660." /
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Rep. TOWNSEND continued speaking.
Rep. TOWNSEND moved to adjourn debate on the Bill until Tuesday, May 15, which was agreed to.
The following Bill was taken up:
H. 3595 (Word version) -- Reps. Thompson, A. Young, Hinson, Law, Limehouse, Littlejohn, Meacham-Richardson, Sandifer and White: A BILL TO AMEND CHAPTER 2, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON AGREEMENTS AND PRACTICES IN CONNECTION WITH CONSUMER CREDIT SALES AND CHAPTER 3, TITLE 37, RELATING TO LIMITATIONS ON CONSUMER LOAN AGREEMENTS, BY ADDING SECTIONS 37-2-418 AND 37-3-418, BOTH SO AS TO PROVIDE FOR SPECIFIC RESTRICTIONS ON THE DISTRIBUTION OF APPLICATIONS AND ADVERTISING AND ANY OTHER FORM OF SOLICITATION FOR OWNERSHIP OF A SELLER CREDIT CARD OR A LENDER CREDIT CARD BY A CREDIT CARD ISSUER ON THE CAMPUS OF A PUBLIC INSTITUTION OF HIGHER LEARNING IN THE STATE.
Rep. CATO 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. 3819 (Word version) -- Reps. Delleney, Simrill, McGee, Barfield, Barrett, Davenport, Emory, Hamilton, Kirsh, Littlejohn, Loftis, McCraw, J. M. Neal, Ott, Phillips, F. N. Smith, Snow, Whatley and Witherspoon: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF
Rep. CAMPSEN 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. 3101 (Word version) -- Reps. Huggins, Robinson, Wilder, Altman, Clyburn and Campsen: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11541AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-13-2110. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South
Section 24-13-2120. The Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.
Section 24-13-2130. The memorandum of understanding between the South Carolina Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Employment Security Commission, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:
(1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and lifeskills assessments as may be appropriate;
(2) developing skills enhancement programs for inmates, as appropriate;
(3) coordinating job referrals and related services to inmates prior to release from incarceration;
(4) encouraging participation by inmates in the services offered;
(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;
(6) identifying and facilitating other transitional services within both governmental and private sectors;
(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.
Section 24-13-2140. The Department of Corrections shall coordinate the efforts of the affected state agencies through the program services administration. The Department of Corrections shall:
(1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;
(2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;
(3) disseminate information about the services throughout the State;
(4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;
(5) provide inmates of the Department of Corrections information concerning postrelease job training and employment referral services and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, and the Office of Veterans Affairs;
(6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 41-38-20;
(7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."
SECTION 2. Chapter 31, Title 43 of the 1976 Code is amended by adding:
"Section 43-31-160. In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment.
SECTION 3. This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of the act.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON 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. HARRISON, with unanimous consent, it was ordered that H. 3101 (Word version) be read the third time tomorrow.
Rep. SIMRILL moved to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, May 15, which was agreed to:
S. 384 (Word version) -- Senators Verdin, Branton, Ryberg, Patterson and Ritchie: A BILL TO AMEND SECTION 56-3-630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY CLASSIFYING CERTAIN MOTOR VEHICLES AS PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO REVISE THE MAXIMUM EMPTY WEIGHT OF A TRUCK THAT THE DEPARTMENT SHALL CLASSIFY AS A PRIVATE PASSENGER MOTOR VEHICLE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22036CM01), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 56-3-630 of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:
"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of six seven thousand pounds or less and a gross weight of nine thousand pounds or less. The department shall classify a three-wheel vehicle by the manufacturer's statement of origin for the vehicle's initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660." /
Amend title to conform.
Rep. FLEMING proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\AMEND\1505DW01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 56-3-620(C) of the 1976 Code, as last amended by Act 63 of 1999, is further amended to read:
"(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of six thousand pounds or less is thirty twenty dollars." /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. FLEMING proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\AMEND\22096CM01), which was ruled out of order:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 56-3-635. Notwithstanding any other provision of law, the department may issue a special license plate to the owner of any private passenger pickup truck without regard to its weight classification." /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 4 was out of order in that it was not germane to the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that S. 384 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1398DW01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is further amended by adding an appropriately numbered item at the end to read:
"( ) Photographs or videos of and incidental to the performance of an autopsy, except that the photographs or videos may be viewed by:
(i) a law enforcement agency, for official use only;
(ii) parents of the deceased, surviving spouse, guardian, personal representative, or next of kin; or
(iii) an individual entitled to bring a wrongful death action on behalf of the deceased."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 3668 (Word version) be read the third time tomorrow.
The following Joint Resolution was taken up:
H. 3998 (Word version) -- Reps. Limehouse, Sharpe, Rhoad, Scarborough, R. Brown, Cato, Meacham-Richardson and J. R. Smith: A JOINT RESOLUTION TO PROVIDE THAT A PERSON MAY NOT OWN, POSSESS, OR OPERATE USED FARM EQUIPMENT THAT WAS IMPORTED FROM A COUNTRY DETERMINED TO BE A THREAT FOR THE SPREAD OF HOOF AND MOUTH DISEASE, TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF AGRICULTURE MUST SEIZE AND DISPOSE OF ANY EQUIPMENT THAT VIOLATES THE PROVISIONS OF THIS JOINT RESOLUTION, AND TO PROVIDE THAT ONCE THE FEDERAL GOVERNMENT DETERMINES A COUNTRY IS CLEAR OF A THREAT OF THIS DISEASE, THEN THE STATE'S BAN ON THE OWNERSHIP, POSSESSION, OR USE OF EQUIPMENT IMPORTED FROM THAT COUNTRY IS RESCINDED.
Rep. EASTERDAY made the Point of Order that the Joint Resolution 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.
Reps. G. M. SMITH, ALTMAN, HAYES and ROBINSON withdrew their requests for debate on H. 3968 (Word version); however, other requests for debate and an objection remained on the Bill.
Rep. SIMRILL withdrew his request for debate on S. 187 (Word version); however, other requests for debate remained on the Bill.
Rep. WEEKS withdrew his request for debate on H. 3719 (Word version); however, other requests for debate remained on the Bill.
Rep. J. YOUNG withdrew his request for debate on H. 3695 (Word version); however, other requests for debate remained on the Bill.
Reps. LITTLEJOHN, A. YOUNG and RICE withdrew their requests for debate on the following Bill, whereupon requests for debate were raised by Reps. DAVENPORT, MERRILL and WALKER:
H. 3968 (Word version) -- Reps. J. Brown, Townsend, W. D. Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J. E. Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison, J. H. Neal, Howard, Hosey, Knotts, G. M. Smith, McCraw, Law, Koon, Whatley, Cooper, Bales, Leach, Allen, Altman, Barfield, Battle, Bingham, Bowers, Breeland, R. Brown, Campsen, Chellis, Clyburn, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, J. Hines, M. Hines, Huggins, Kelley, Kirsh, Klauber, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F. N. Smith, Snow, Stille, Taylor, Vaughn, Walker, Webb, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND CHAPTER 39, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "DIABETES INITIATIVE OF SOUTH CAROLINA ACT", BY ADDING ARTICLE 2, SO AS TO ENACT THE "DIABETES SCHOOL CARE ACT", TO REQUIRE THE PRINCIPAL AT EACH PUBLIC SCHOOL TO DESIGNATE THREE EMPLOYEES TO BE DIABETES CARE PROVIDERS, TO ALSO AUTHORIZE AS EMPLOYEES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ASSIGNED TO A SCHOOL AND SUBCONTRACTORS TO BE DIABETES CARE PROVIDERS, TO
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
The Senate amendments to the following Bill were taken up for consideration:
H. 3534 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 59-101-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND UNIVERSITIES EMPHASIZING TEACHING AS A CAREER OPPORTUNITY, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE REQUIREMENTS ARE IMPLEMENTED, AND FOR THE CONTENT OF TEACHER EDUCATION PROGRAMS; TO AMEND SECTION 59-18-310, RELATING TO THE STATEWIDE ASSESSMENT PROGRAM TO MEASURE STUDENT PERFORMANCE UNDER THE EDUCATION ACCOUNTABILITY ACT, SO AS TO DELETE THE REQUIREMENT THAT A STANDARDS BASED ASSESSMENT WILL BE DEVELOPED FOR GRADES ONE AND TWO FOR USE BY SCHOOLS AND DISTRICTS AS DEEMED APPROPRIATE BY THE DISTRICT OFFICIALS; TO AMEND SECTION 59-18-1930, RELATING TO THE EDUCATION OVERSIGHT COMMITTEE'S REVIEW OF STATE AND LOCAL PROFESSIONAL DEVELOPMENT STANDARDS AND RECOMMENDATIONS FOR IMPROVEMENT IN THE STANDARDS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL DEVELOP AN ACCOUNTABILITY SYSTEM TO ENSURE THAT THESE RECOMMENDATIONS FOR IMPROVEMENT ARE IMPLEMENTED, AND PROVIDE FOR THE MANNER OF IMPLEMENTATION.
Rep. TOWNSEND explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration:
Rep. TOWNSEND explained the Senate Amendments.
The Senate amendments were agreed to, and the Joint Resolution having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3789 (Word version) -- Reps. Fleming, Harrison, Quinn, J. Young, Altman, Wilkins, Riser, Sandifer, Scott, Weeks and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-15 SO AS TO PROVIDE THAT ALL MEMBERS OF COUNTY BOARDS OF REGISTRATION, COUNTY ELECTION COMMISSIONS, AND COMBINED COUNTY BOARDS OF REGISTRATION AND ELECTIONS COMMISSIONS MUST BE APPOINTED FOR STAGGERED TERMS OF FOUR YEARS AND TO PROVIDE FOR THE INITIAL APPOINTMENT OF THESE MEMBERS TO ENSURE THE STAGGERING OF TERMS; TO AMEND CHAPTER 13, TITLE 7, BY ADDING ARTICLE 2 SO AS TO PROVIDE FOR AN ELECTION TO BE CONDUCTED IN EVERY EVEN AND ODD-NUMBERED YEAR TO FILL SEATS OF ALL ELECTED BODIES WHOSE ELECTIONS TO FILL THOSE SEATS ARE PROVIDED BY LAW AT A TIME OTHER THAN AT THE TIME OF THE GENERAL ELECTION AND REQUIRE GOVERNING BODIES AND COUNTIES CONDUCTING A REFERENDUM TO AUTHORIZE GENERAL OBLIGATION DEBT TO CONDUCT THE REFERENDUM AT THE TIME OF THE GENERAL ELECTION OR ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN AN ODD-NUMBERED YEAR; BY ADDING SECTION 7-13-1115 SO AS TO PROVIDE A PROCEDURE FOR HAND COUNTS IF A VOTING MACHINE MALFUNCTIONS AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH POLICIES AND PROCEDURES FOR LOCAL COMMISSIONS TO FOLLOW WHEN HAND COUNTS ARE CONDUCTED; BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham, Talley and Loftis: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5310DJC01), which was adopted:
"Section 15-5-5. (A) For purposes of a civil cause of action, 'person' includes an unborn child at every state of gestation in utero from conception until live birth. However, nothing in this section may be construed to abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical malpractice or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment.
(B ) Nothing in this section may be construed to apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(D) No pregnant female may be subject to a civil suit under this section for acts affecting her unborn child, except in the case of illegal drug use.
(E ) No person or health care provider may be subject to a civil suit under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F ) No person or health care provider may be subject to a civil suit under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devises."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-90. (A) For purposes of all offenses arising out of the unlawful killing or battery of any 'person' or of 'another' in this chapter, the terms 'person' and 'another' include an unborn child at every stage of gestation in utero from conception until live birth.
(B) Nothing in this section may be construed to apply to or infringe upon a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(D) No pregnant female may be prosecuted under this section for acts affecting her unborn child, except in the case of illegal drug use.
(E) No person or health care provider may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider may be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 4. Section 50-21-10(20) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(20) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. For purposes of all offenses arising out of the death or injury of any 'person' in this article, 'person' also includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 5. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-185. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2915. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes an unborn child at every stage of gestation in utero from conception until live birth."
SECTION 7. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. WHIPPER proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5347DJC01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited and referred to as the "Wrongful Termination of Pregnancy Act."
SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A) A pregnant female whose right to carry her pregency to term is infringed at any point of gestation by an injury to the pregnant female or her fetus, or by the death of the pregnant female as the result of the negligent act or omission of another person has a civil cause of action against that person for all damages sustained as a result of the negligent termination of her pregnancy, including damages for the mental and emotional pain and suffering associated with the loss of the pregnancy.
(B) A pregnant female whose right to carry her pregnancy to term is infringed at any point of gestation by an injury to the pregnant female or her pregnancy, or by the death of the pregnant female as the result of the knowing, intentional, or reckless act or omission of another person has a civil cause of action against that person for actual and punitive damages sustained as a result of the negligent termination of her pregnancy, including damages for the mental and emotional pain and suffering associated with the loss of the pregnancy.
(C) Nothing in this section may be construed to abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical negligence or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment.
(D) Nothing in this section may be construed to apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion.
(E) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(F) No pregnant female may be subject to a civil suit under this section for acts affecting her unborn child."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-90. (A) A person whose negligent or unintentional act or omission results in the involuntary termination of a woman's pregnancy at any stage of gestation is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisoned for not more than five years, or both.
(B) A person whose knowing, intentional, or reckless act or omission results in the involuntary termination of a woman's pregnancy at any state of gestation is guilty of a felony and, upon conviction, must be punished by a fine of not less than ten thousand dollars nor more than one hundred thousand dollars, or imprisoned for not less than two years nor more than thirty years, or both.
(C) Nothing in this section may be construed to apply to or infringe upon a pregnant female's right to a lawful abortion.
(D) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(E) No pregnant female may be prosecuted under this section for acts affecting her unborn child.
(F) No person or health care provider may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(G) No person or health care provider may be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 4. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 5. The repeal or amendment by this act, of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 6. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WHIPPER explained the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. CAMPSEN moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays which were taken, resulting as follows:
Allison Altman Bales Barfield Barrett Bingham Campsen Carnell Cato Chellis Coates Dantzler Davenport Delleney Easterday Edge Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kirsh Klauber Knotts Koon Law Leach Limehouse Lucas McCraw McGee McLeod Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stuart Talley Taylor Thompson Vaughn Walker Webb White Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Allen Bowers Breeland Brown, J. Brown, R. Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Harvin Hines, J. Hines, M. Howard Jennings Kennedy Lee Lloyd Lourie Mack Miller Neal, J.H. Neal, J.M. Parks Rivers Rutherford Scott Sheheen Smith, F.N.
Smith, J.E. Snow Weeks Whipper
So, the amendment was tabled.
Rep. CAMPSEN moved that the House do now adjourn, which was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
At 12:15 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of the Confederate soldiers who died, to meet at 10:00 a.m. tomorrow.
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