Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear words from Psalm 46:
"God is our refuge and strength...
The Nations rage, the Kingdoms totter;
He utters His voice, the earth melts.
The Lord of hosts is with us;
the God of Jacob is our fortress."
Let us pray.
Most Gracious and Merciful God, Your presence and Your power are mankind's and our greatest needs.
So kindle our minds with the goal of unity and cooperation that in a togetherness of spirit we may counsel with each other, each dedicated to the desire to put the common good out front... the target of our weariness. So reveal to us the larger plan, the broader vision that will make for the strongest foundation upon which the future of our State can be launched. Help us so to live and work, dear Lord, that should our enemies wonder the source of our strength, we may, by lip and life, give witness that "The Lord of hosts is with us,
the God of Jacob is our refuge."
Amen.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
March 6, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
1st Congressional District:
Ms. Jessamine D. Griffin, Post Office Box 1188, Pawleys Island, S.C. 29585 VICE Cynthia G. Howe
Referred to the Committee on Judiciary.
March 23, 1998
Mr. President and Members of the Senate:
I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1998:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802 VICE Roger J. Hartman (resigned)
Reappointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802
Referred to the Committee on Judiciary.
March 26, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1994, and to expire August 1, 1999:
At-Large:
Mr. Thomas S. Harrison, Jr., Post Office Box 1534, Orangeburg, S.C. 29116 VICE Samuel M. Pierson, III (vacated)
Referred to the Committee on Judiciary.
March 31, 1998
Mr. President and Members of the Senate:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.
Respectfully,
David M. Beasley
Initial Appointment, South Carolina Mental Health Commission, with term to commence March 14, 1998, and to expire March 14, 2003:
6th Congressional District:
Ms. Priscilla L. Tanner, Post Office Box 85, Johnsonville, S.C. 29555 VICE Leon Finklin
Referred to the Committee on Medical Affairs.
The following was received:
Document No. 2265
Promulgated by Department of Labor, Licensing and Regulation--Office of State Fire Marshal
Fire Prevention and Life Safety-Buildings
Received by Lt. Governor March 4, 1998
Referred to Senate Committee on Judiciary
Withdrawn April 20, 1998
Senator GIESE introduced Dr. David Fisher of Columbia, S.C., Doctor of the Day.
Senator DRUMMOND rose to a Point of Personal Privilege.
S. 1133 -- Senators Courtney, Leventis, Hayes, Alexander, Waldrep, Short, McConnell, Giese, O'Dell, Peeler, Cork, Wilson, Moore, Fair, McGill, Martin, Lander, Reese, Thomas, Mescher, Patterson, Ryberg, Anderson, Grooms, Land, Jackson, Branton, Holland, Ravenel, Courson, Passailaigue, J. Verne Smith, Bryan, Drummond, Leatherman, Glover, Ford, Setzler, Russell, Matthews and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-160, SO AS TO ENACT "THE SCHOOL TUTORING ACT" TO AUTHORIZE AN INDIVIDUAL WHO PROVIDES VOLUNTEER TUTORING SERVICES IN A PUBLIC SCHOOL TO RECEIVE A STATE TAX CREDIT OR A TUITION CREDIT REDEEMABLE AT A STATE PUBLIC INSTITUTION OF HIGHER LEARNING.
Senator COURTNEY asked unanimous consent to make a motion to recall the Bill from the Committee on Education.
There was no objection.
On motion of Senator COURTNEY, with unanimous consent, the Bill was read the second time with notice of general amendments.
There was no objection.
H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
Senator LEVENTIS spoke on the motion.
Senator J. VERNE SMITH objected.
S. 1106 -- Senators Rankin and Elliott: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Senator RANKIN asked unanimous consent to make a motion to recall the Bill from the Committee on Finance.
Senator LEVENTIS spoke on the motion.
Senator J. VERNE SMITH objected.
S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE; PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC CHARITIES SECTION OF THE OFFICE OF THE ATTORNEY GENERAL'S OFFICE ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO TRANSFER ALL PERSONNEL ORIGINALLY TRANSFERRED FROM THE SECRETARY OF STATE'S OFFICE AND STILL EMPLOYED BY THE ATTORNEY GENERAL IN THE PUBLIC CHARITIES SECTION, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE PUBLIC CHARITIES SECTION TO THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
The House returned the Bill with amendments.
Senator LEVENTIS proposed the following amendment (JUD284.004), which was adopted:
Amend the bill, as and if amended, page 5, beginning on line 39, by striking SECTION 3 in its entirety and inserting therein the following:
/SECTION 3. The Secretary of State shall administer the "South Carolina Solicitation of Charitable Funds Act" as contained in Chapter 56 of Title 33. No later than thirty days after the effective date of this act, the Secretary of State must notify each charitable organization registered pursuant to Chapter 56 of Title 33 that the Secretary of State is now the administrator of the "South Carolina Solicitation of Charitable Funds Act" and that required registrations are to be filed with the Secretary of State./
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended, read the third time and ordered returned to the House with amendments.
The following were introduced:
S. 1216 -- Senators J. Verne Smith, Peeler, Leatherman, Cork and Ryberg: A CONCURRENT RESOLUTION TO APPROVE THE PROPOSAL FOR THE AFRICAN-AMERICAN HISTORY MONUMENT, SUBJECT TO FURTHER APPROVAL OF CERTAIN DETAILS, BY THE STATE HOUSE COMMITTEE.
The Concurrent Resolution was adopted, ordered sent to the House.
S. 1217 -- Senators Alexander, Drummond, Peeler, Elliott and Grooms: A SENATE RESOLUTION TO CONGRATULATE AND RECOGNIZE LARRY PENLEY, GOLF COACH OF CLEMSON UNIVERSITY, ON WINNING THE 1998 ACC CHAMPIONSHIP; BOB POLLOCK, MENS TRACK AND CROSS COUNTRY COACH OF CLEMSON UNIVERSITY, ON WINNING THE 1998 ACC CHAMPIONSHIP; AND TO PROUDLY WELCOME LARRY SHYATT, NEW BASKETBALL COACH OF CLEMSON UNIVERSITY.
The Senate Resolution was adopted.
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Read the first time and referred to the Committee on Judiciary.
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
Read the first time and referred to the Committee on Judiciary.
H. 4933 -- Reps. Townsend, Byrd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-126 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO GRANT A WAIVER TO CERTAIN SCHOOL DISTRICTS WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
Read the first time and referred to the Committee on Education.
H. 4985 -- Reps. Hamilton, Easterday, Leach, Loftis, Haskins, Tripp, Cato, Sharpe and Vaughn: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE UNITED STATES.
Introduced and referred to the Committee on Agriculture and Natural Resources.
H. 5061 -- Rep. G. Brown: A BILL TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
Read the first time and ordered placed on the local and uncontested Calendar without reference.
H. 5072 -- Reps. Harrison and Knotts: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF INDIGENT DEFENSE FOR FISCAL YEAR 1997-98 ONLY TO USE UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE DEATH PENALTY TRIAL FUND TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
Read the first time and referred to the Committee on Finance.
H. 5077 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 18, 1998, AND FRIDAY, JUNE 19, 1998.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Thursday, June 18, 1998, and Friday, June 19, 1998, for its annual legislative activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
Introduced and referred to the Committee on Invitations.
H. 5078 -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MAY 13, 1998, AS THE "SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS DAY" IN CELEBRATION OF THE SIXTIETH ANNIVERSARY OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.
Whereas, the General Assembly proudly recognizes the women serving in our State Legislature for their accomplishments and contributions to their communities, counties, and the Palmetto State; and
Whereas, their knowledge, expertise, and wise leadership are valuable tools to carry South Carolina into the twenty-first century; and
Whereas, the members of the General Assembly, by this resolution, in order to publicly recognize these accomplishments and contributions, are desirous of declaring Wednesday, May 13, 1998, as the "South Carolina General Assembly Women's Caucus Day". 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 hereby declare Wednesday, May 13, 1998, as the "South Carolina General Assembly Women's Caucus Day" in celebration of the Sixtieth Anniversary of the National Order of Women Legislators.
Introduced and referred to the Committee on Invitations.
H. 5079 -- Reps. Byrd, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, 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 CONGRATULATING THE REVEREND BARRY WRIGHT OF COLUMBIA ON HIS INSTALLATION AS PASTOR OF ST. JOHN BAPTIST CHURCH ON SUNDAY, APRIL 26, 1998, AND WISHING HIM CONTINUED SUCCESS AND HAPPINESS IN HIS OUTSTANDING MINISTRY.
The Concurrent Resolution was adopted, ordered returned to the House.
S. 941 -- Senators Courson, Wilson, Leatherman, Ryberg, Giese, Peeler, Russell, Thomas, Fair and Grooms: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6 OF THE ARTICLE SO AS TO REQUIRE PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY" TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS AND TO MAKE A CONFORMING AMENDMENT.
Senator MOORE asked unanimous consent to make a motion that the Joint Resolution be given a second reading with notice of general amendments, carrying over all amendments to third reading.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Joint Resolution was placed in the status of Interrupted Debate.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and ordered sent to the House of Representatives:
S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.
Senator HUTTO asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
S. 1049 -- Senator Mescher: A BILL TO AMEND CHAPTER 16, TITLE 50 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO IMPORTATION OF WILDLIFE, BY ADDING ARTICLE 3, SO AS TO AUTHORIZE DEER FARMING; TO PROVIDE FOR IMPORTATION AND REGULATION OF FARMED DEER; TO PROVIDE FOR LICENSURE OF DEER FARMING OPERATIONS; AND TO AMEND SECTION 50-11-1910 RELATING TO SALE OF DEER PARTS SO AS TO PROVIDE FOR THE PURCHASE AND SALE OF FARMED DEER PRODUCTS AND BY-PRODUCTS IN THE STATE.
S. 1168 -- Senator McConnell: A BILL TO AMEND SECTION 20-7-952, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INITIATION OF ACTIONS TO ESTABLISH PATERNITY, SO AS TO INCLUDE THE PUTATIVE FATHER AS ONE OF THE INDIVIDUALS WHO MAY INSTITUTE SUCH ACTIONS.
S. 758 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO
AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Committee on Judiciary proposed the following amendment (JUD0758.002), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1090. (A) As used in this section:
(1) 'Licensed health care professional' means a duly licensed physician, surgeon, podiatrist, osteopath, osteopathic physician, osteopathic surgeon, physician assistant, nurse, dentist, or pharmacist.
(2) 'Suicide' means the act or instance of taking one's life voluntarily and intentionally.
(B) It is unlawful for a person to assist another person in committing suicide. A person assists another person in committing suicide if the person:
(1) by force or duress intentionally causes the other person to commit or attempt to commit suicide; or
(2) has knowledge that the other person intends to commit or attempt to commit suicide and intentionally:
(a) provides the physical means by which the other person commits or attempts to commit suicide; or
(b) participates in a physical act by which the other person commits or attempts to commit suicide.
(C) None of the following may be construed to violate subsection (B):
(1) the withholding or withdrawing of a life sustaining procedure or compliance with any other state or federal law authorizing withdrawal or refusal of medical treatments or procedures;
(2) the administering, prescribing, or dispensing of medications or procedures, by or at the direction of a licensed health care professional, for the purpose of alleviating another person's pain or discomfort, even if the medication or procedure may increase the risk of death, as long as the medication or procedure is not also intentionally administered, prescribed, or dispensed for the purpose of causing death, or the purpose of assisting in causing death, for any reason; or
(3) the administering, prescribing, or dispensing of medications or procedures to a patient diagnosed with a medical condition that includes an element of suicidal ideation, even if the medication or procedure may increase the risk of death, as long as the medication or procedure is not also intentionally administered, prescribed, or dispensed for the purpose of causing death, or the purpose of assisting in causing death, for any reason.
(D) Subsection (C) must not be construed to affect the duty of care or legal requirements other than those in this section concerning acts or omissions under subsection (C).
(E) A person who violates subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years or fined not more than one hundred thousand dollars, or both.
(F) Injunctive relief may be sought against a person who it is reasonably believed is about to violate or who is in the course of violating subsection (B) by a person who is:
(1) the spouse, parent, child, or sibling of the person who would commit suicide;
(2) entitled to inherit from the person who would commit suicide;
(3) a current or former health care provider of the person who would commit suicide;
(4) a legally appointed guardian or conservator of the person; or
(5) a public official with the appropriate jurisdiction to prosecute or enforce the laws of this State.
An injunction shall legally prevent the person from assisting any suicide in this State regardless of who is being assisted.
(G) The licensing agency which issued a license or certification to a licensed health care professional who assists in a suicide in violation of subsection (B) shall revoke or suspend the license or certification of that person upon receipt of a copy of the record of:
(1) a criminal conviction, plea of guilty, or plea of nolo contendere for the violation of subsection (B); or
(2) a judgment of contempt of court for violating an injunction issued under subsection (F)."
SECTION 2. If a provision, section, subsection, sentence, clause, phrase, or word of this act or the application of a provision, section, subsection, sentence, clause, phrase, or word to any person or circumstance is found to be unconstitutional, the provision, section, subsection, sentence, clause, phrase, or word is severable and the remainder of this act is effective notwithstanding the unconstitutionality. The General Assembly declares that it would have passed this act and each provision, section, subsection, sentence, clause, phrase, or word of the act, irrespective of the fact that a provision, section, subsection, sentence, clause, phrase, or word may be declared unconstitutional.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
S. 1047 -- Senators Jackson, Cork, Holland, Short, Glover, Ford, Land, Hutto, Matthews, Patterson, Drummond and Ravenel: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 122 SO AS TO CREATE THE COUNTY GRANTS FUND PROGRAM FOR ADOLESCENT PREGNANCY PREVENTION INITIATIVES; TO PROVIDE FOR THE ADMINISTRATION AND DISTRIBUTION OF MONIES APPROPRIATED TO THE GRANTS FUND; AND TO REQUIRE REGULAR EVALUATIONS OF PROJECTS RECEIVING MONIES FROM THE GRANTS FUND.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator SHORT proposed the following amendment (1047R002.LHS), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 13-19, and inserting in lieu thereof:
/Section 44-122-20. (A) There is established the County Grants Fund for Adolescent Pregnancy Prevention Initiatives. The fund must be administered by the department and county governments as provided in this chapter. The purpose of the fund is to support local efforts to prevent early sexual activity and to measurably reduce the rate of adolescent pregnancy in each county and in the State and to ensure that these efforts reflect local community values.
(B) Any program components funded by federal Temporary Assistance for Needy Families (TANF) dollars will be subject to TANF reporting requirements and federal fiscal accountability requirements. The department will amend the South Carolina Temporary Assistance for Needy Families (TANF) Block Grant State Plan as required by federal law to govern expenditures of federal TANF dollars./
Amend the bill further, as and if amended, page 3, by striking lines 4-5, and inserting in lieu thereof:
/(5) transportation to or from abortion services;
(6) abortions; or
(7) provision of anything of monetary value to a participant in a local project or initiative; counseling and guidance may be provided as well as any service of non-monetary value./
Amend the bill further, as and if amended, page 4, by striking lines 12-33 and inserting in lieu thereof:
/(2) evaluate the success of this chapter and initiatives funded under this chapter, as required by Section 44-122-60;
(3) analyze all available information and report to the Governor and the General Assembly on the effectiveness of the fund in measurably reducing the rate of adolescent pregnancy in the State. These reports must be made annually, with the first report due three years after the first distribution of funds pursuant to Section 44-122-30(A); and
(4) provide to each county government specific criteria required by this legislation.
(B) County governments shall:
(1) oversee and administer funds distributed to the county pursuant to Section 44-122-30(A);
(2) choose from among the applicants that meet the minimum standards;
(3) develop additional criteria, as necessary, to meet specific local needs; and
(4) monitor contractors' progress in meeting stated goals, objectives, and timelines./
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
Senator SHORT spoke in favor of the Bill.
Senator FAIR spoke contra to the Bill.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
Senators GIESE and FAIR desired to be recorded as voting against the third reading of the Bill.
S. 995 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 41 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF CHECK CASHING SERVICES.
Senator SHORT asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senators WILSON and SHORT proposed the following amendment (JUD0995.001), which was adopted:
Amend the bill, as and if amended, page 3, line 39, in Section 34-41-60(B), as contained in SECTION 1, by striking /three business/ and inserting / five /.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.
H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator FAIR proposed the following Amendment No. 1 (KGH\15595AC.98), which was adopted:
Amend the bill, as and if amended, Section 44-41-345, page 3760-3, line 39, by inserting:
/If birth control devices, either chemical or barrier, are given to a woman under eighteen years of age in connection with the pregnancy prevention education course, the woman's parents must be notified./
Renumber sections to conform.
Amend title to conform.
Senator FAIR explained the amendment.
Senator GIESE asked unanimous consent to make a motion to amend the amendment.
Senator CORK objected.
Senator CORK argued contra to the adoption of the amendment.
Senator FAIR argued in favor of the adoption of the amendment.
Senator CORK moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Cork Drummond Elliott Ford Holland Hutto Jackson Land Leventis Matthews Mescher Passailaigue Patterson Ravenel Saleeby Short Washington
Alexander Branton Bryan Courson Courtney Fair Giese Grooms Hayes Lander Leatherman Martin McConnell McGill Moore O'Dell Peeler Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
The Senate refused to lay the amendment on the table. The question then was the adoption of the amendment.
Senator CORK argued contra to the adoption of the amendment.
Senator FAIR argued in favor of the adoption of the amendment.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Branton Bryan Courson Courtney Fair Giese Grooms Hayes Lander Martin McConnell Moore O'Dell Peeler Ravenel Ryberg Setzler Smith, J. Verne Thomas Waldrep Wilson
Cork Drummond Elliott Ford Holland Hutto Jackson Land Leventis Matthews Mescher Patterson Saleeby Short
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 2 (3760R001.MLF), which was adopted:
Amend the bill, as and if amended, Section 44-41-345, page 1, line 31, after the / . /, by inserting:
/ Additionally, the course material must include a statement that 'abstinence outside of marriage and sexual relations with an uninfected marriage partner is the only absolute way to prevent sexually transmitted diseases and to prevent pregnancy.'/
Amend title to conform.
Senator SHORT moved that the amendment be adopted.
The amendment was adopted.
Senator FAIR proposed the following Amendment No. 3 (PSD\7395AC.98), which was adopted:
Amend the bill, as and if amended, Section 44-41-345, page 1, by deleting lines 32-34 and inserting:
/courses must be specified by the Department of Social Services and conducted without charge by the several county departments of this State. Health care professionals/
Renumber sections to conform.
Amend title to conform.
Senator JACKSON moved that the amendment be adopted.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senator FAIR desired to be recorded as voting against the third reading of the Bill.
The following Bill, having been read the second time with notice of general amendments, was ordered placed on the third reading Calendar:
S. 885 -- Senators Courson, Rankin and Short: A BILL TO ENACT THE "MAGISTRATES COURTS REFORM ACT OF 1998" BY AMENDING SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; BY AMENDING SECTION 22-1-30, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; BY AMENDING SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUES AS AFFECTING THE NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; BY AMENDING SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; AND BY ADDING SECTION 9-11-27, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; BY ADDING SECTION 22-1-12, SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL EXPERIENCES PRIOR TO TRYING CASES; BY ADDING SECTION 22-1-17, SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; BY ADDING SECTION 22-1-19, SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; AND BY ADDING SECTION 22-2-5, SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION, THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; AND BY REQUESTING THAT THE SUPREME COURT MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING FURTHER CHANGES NEEDED.
Senator BRYAN asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The following Bills, having been read the second time, were ordered placed on the third reading Calendar:
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 Senator LAND, H. 4809 was ordered to receive a third reading on Wednesday, April 29, 1998.
H. 4968 -- Reps. Hawkins, Littlejohn, Lee and Davenport: A BILL TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO INCREASE THE BOARD FROM THREE TO FIVE MEMBERS.
On motion of Senator RUSSELL, H. 4968 was ordered to receive a third reading on Wednesday, April 29, 1998.
S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
Senator WILSON asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
Senator WILSON proposed the following amendment (1139R001.AGW), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 34 through 42, and on page 3, by striking lines 1 through 6, and inserting in lieu thereof the following:
/(A) At the general election of 2000, the County Election Commission of Lexington County shall provide for an election for the purposes of electing five commissioners to serve as members of the board of commissioners. These commissioners must be residents of the district and shall serve terms of four years without compensation. However, at the first election the three candidates receiving the highest number of votes shall serve terms of four years and the two candidates receiving the lowest number of votes shall serve terms of two years. At expiration of the terms of members serving terms of two years, an election must be held at the General Election of 2002 and successors to the seats must be elected for terms of four years.
(B) The terms of those members elected pursuant to the provisions of this section are effective beginning the second Tuesday of January, 2001, at which time members must be administered an oath of office./
Amend title to conform.
The amendment was adopted.
Senator WILSON proposed the following amendment (1139R002.AGW), which was adopted:
Amend the bill, as and if amended, page 7, by deleting Section 9A, lines 13 through 16.
Renumber sections to conform
Amend title to conform.
The amendment was adopted.
S. 882 -- Senators Peeler, Gregory and Giese: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.
Senator PASSAILAIGUE asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator J. VERNE SMITH objected.
S. 844 -- Senators Courson, Leventis, Reese, Washington and Short: A BILL TO AMEND SECTION 41-43-250 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF CONFIDENTIAL INFORMATION SUBMITTED TO OR COMPILED BY THE JOBS ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO SPECIFY WHEN AND UNDER WHAT CIRCUMSTANCES INFORMATION IS DEEMED TO BE CONFIDENTIAL; TO REQUIRE THE AUTHORITY TO PROVIDE THE SENATE FINANCE COMMITTEE OR THE HOUSE WAYS AND MEANS COMMITTEE WITH ANY MATERIAL IT MAY REQUEST REGARDING A LOAN OR GRANT; AND TO REQUIRE FINAL APPROVAL BY THE GENERAL ASSEMBLY FOR LOANS INITIALLY APPROVED BY THE AUTHORITY THAT ARE GUARANTEED BY THE STATE.
Senator PASSAILAIGUE asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator J. VERNE SMITH objected.
On motion of Senator COURTNEY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ellen Hines Smith of Spartanburg, S.C.
At 1:32 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.
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