TUESDAY, JANUARY 20, 1998
Tuesday, January 20, 1998
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God our Father, we thank You for Your nearness, Your love and for Your forgiveness. In our perplexities, counsel us; in our sorrows, comfort us; in our strength, discipline us; in our weakness, sustain us. Set us free from faults that blind, and from temptations that assail us that we may have a clear vision of those ideals which call and challenge us to a life of honor and service. Invoke within us an ever increasing devotion to those things that matter most.
Lord, in Your mercy, hear our prayer. 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.
MOTION ADOPTED
Rep. HASKINS moved that when the House adjourns, it adjourn in memory of former Representative John D. Bradley III of Charleston, which was agreed to.
SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED
The Senate returned to the House with amendments the following:
H. 4189 -- Reps. T. Brown and Miller: A BILL TO AMEND SECTION 7-7-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN GEORGETOWN COUNTY, SO AS TO REVISE CERTAIN OF THESE PRECINCTS.
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.
REPORT RECEIVED
The following was received.
SOUTH CAROLINA HOUSE OF REPRESENTATIVES
January 13, 1998
The Honorable David H. Wilkins
Speaker of the House
508 Blatt Building
Columbia, South Carolina 29201
Dear Speaker Wilkins:
During the 1997 session, the General Assembly adopted H. 3744, a Concurrent Resolution that established a study committee to review the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues and propose a comprehensive approach to this problem. The committee was chaired jointly by Senator Linda H. Short and Representative W. Jeffrey Young. A membership list for this Study Committee on Drug Impaired Infants is attached.
The committee’s first meeting was October 8, 1997. After introductions and opening remarks, Louise Haynes, Director of Morris Village, a residential treatment facility for women with substance abuse problems, addressed the committee. She gave an overview of “Alcohol and Other Drug Abuse During Pregnancy” which included background information, current research and residential and out-patient treatment programs in South Carolina and other interagency efforts to treat substance abusing pregnant women. The committee then discussed issues raised in the presentation and other perspectives offered by the members.
On October 22, 1997, the committee held its second meeting. Ms. Catherine Christophillis from the Attorney General’s Office presented a draft protocol regarding the prosecution of cases where a child is born with a Title 44 schedule controlled substance in its system. This proposal offers an amnesty approach and creates a multi-level treatment plan for mothers of such children. After the committee discussed the elements of the protocol, Senator Short established a subcommittee to review the draft protocol and make recommendations on its language and contents to the full committee. The subcommittee was composed of the following
members: Catherine Christophillis (Attorney General’s Office), Mason Hardy (SC Hospital Association), Hervery Young (SC Public Defenders’ Association), Barbara Morgan/William Bilton (Solicitors Association), Cheryl Bullard/Brenda Creswell (DHEC), Liz Shifflette (DAODAS), Wilbert Lewis (DSS), Sue Berkowitz (SC Legal Services), Dr. Nelson Weston (SC Medical Association), and Dr. John Dacus (SC Chapter of ACOG).
The subcommittee met on November 10, 1997 to review the Attorney General’s draft protocol and discuss proposed technical revisions. The subcommittee’s proposed revisions were reviewed by the full committee on December 16, 1997. At that meeting, the full committee also began discussion of a proposed resolution regarding the findings of the committee.
The Study Committee on Drug Impaired Infants held its last meeting on January 7, 1998 to finalize its proposed committee resolution. H. 3744 specified that this committee shall submit its report to the General Assembly no later than the beginning of the 1998 legislative session at which time the committee is dissolved. Attached please find the resolution unanimously adopted by the Study Committee on Drug Impaired Infants which serves as its report to the Legislature. While the committee did not formally adopt the Attorney General’s protocol, the committee did find that there was a need for a statewide protocol emphasizing treatment, approved and adopted by each of the state’s sixteen circuit solicitors.
Respectfully submitted,
/s/Linda H. Short, Senator
/s/W. Jeffrey Young, Representative
STUDY COMMITTEE ON DRUG IMPAIRED INFANTS
Representative Jeff Young, Co-Chair
Senator Linda Short, Co-Chair
Representative Tracy Edge
Senator Darrell Jackson
Hon. Charles Condon
Attorney General of South Carolina
Ms. Catherine Christophillis
Assistant Deputy Attorney General
Ms. Barbara R. Morgan
Second Judicial Circuit Solicitor
President, SC Solicitor’s Association
S. Nelson Weston, M.D.
President, South Carolina Medical Association
Mr. Mason Hardy
SC Hospital Association
Mr. Marion Baker
President, SC Law Enforcement Officers Association
Ms. Cheryl Bullard
SC Dept. of Health & Environmental Control
Ms. Beverly G. Hamilton
Director, SC Dept. of Alcohol & Other Drug Abuse Services
Mr. James T. Clark
Director, SC Department of Social Services
Lt. Patsy Habben
SC Law Enforcement Division
Ms. Sue Berkowitz
Director, SC Legal Services Association
Dr. John Dacus
SC Chapter of the American College of Obstetrics and Gynecology
Mr. Hervery Young
SC Public Defenders Association
A RESOLUTION
OF THE STUDY COMMITTEE
ON DRUG IMPAIRED INFANTS
Whereas, this Committee was established by the General Assembly for the purpose of studying the treatment, commitment, and prosecution of mothers of drug impaired infants and related issues; and
Whereas, the Committee was charged with proposing a comprehensive approach to this problem; and
Whereas, this Committee is comprised of persons engaged in a variety of professions which in some way require the persons to be directly involved in the provision of services to mothers and children affected by this problem; and
Whereas, the professions represented on the Committee include legislators, physicians and other health professionals, substance abuse treatment professionals, child protective service professionals, law enforcement officers, and both prosecuting and defense attorneys; and
Whereas, the best interests of children are the paramount concern when the State becomes involved in matters regarding children; and
Whereas, illegal drug abuse is one of a number of risk factors which interfere with the births of healthy children; and
Whereas, it is appropriate to identify the best available solutions to minimizing the interference with the births of healthy children caused by the presence of one or more risk factors; and
Whereas, traditionally these determinations have been made by the medical profession and appropriate prenatal treatment has been provided in that context; and
Whereas, some risk factors, including substance abuse, have implications beyond the scope of services provided by medical professionals and require appropriate state action; and
Whereas, it is the consensus of the Committee that current state laws provide the framework for intervention by the State; therefore, a statewide protocol emphasizing treatment, approved and adopted by each of the state’s sixteen circuit solicitors, will insure that the laws of the State will be evenly and properly applied throughout the State; and
Whereas the consensus of the professionals on this Committee who have had direct contact with the affected mothers and children is that treatment of the addicted mothers is the most effective way in which the State can ensure that appropriate prenatal treatment is sought; however, if treatment is declined by the addicted mother, or the mother refuses to adhere to guidelines that will promote the well being of her child, then other state action may be undertaken to insure the best interest of the child. Now, therefore,
Be it resolved by the Study Committee on Drug Impaired Infants;
That the Committee finds that the comprehensive approach to addressing the problems is best effectuated by providing treatment services to ensure that addicted mothers will no longer be addicted, by providing transitional services which promote the development of the bond between mother and child, and by providing sufficient funding to ensure that treatment and transitional services are available statewide. The Committee further finds that the best interest of the child is paramount and state intervention within the confines of the law may be necessary to protect the best interest of the child.
On motion of Rep. YOUNG, with unanimous consent, the report was ordered printed in the Journal.
HOUSE RESOLUTION
On motion of Rep. MASON, with unanimous consent, the following was taken up for immediate consideration:
H. 4428 -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A HOUSE RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
Be it resolved by the House of Representatives:
That the Honorable Newt Gingrich, Congressman from Georgia and Speaker of the United States House of Representatives, is invited to address the South Carolina House of Representatives in the Hall of the House of Representatives at 11:00 a.m. on Thursday, January 22, 1998.
Be it further resolved that a copy of this resolution be forwarded to Speaker Gingrich.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 4429 -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 BYPASS IN GEORGETOWN COUNTY FROM THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 707 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 BUSINESS SOUTH OF THE VILLAGE OF MURRELLS INLET IN HONOR OF REVEREND LUTHER ALSTON.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The following was introduced:
H. 4430 -- 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 CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. AUDREY F. MCKINNEY OF COLUMBIA, MOTHER OF CHARLES T. “CHUCK” MCKINNEY, DIRECTOR OF LEGISLATIVE INFORMATION SYSTEMS, UPON HER DEATH.
Whereas, the members of the General Assembly were deeply saddened to learn of the death on Saturday, January 10, 1998, of Mrs. Audrey F. McKinney of Columbia, mother of Charles T. “Chuck” McKinney, Director of Legislative Information Systems; and
Whereas, Mrs. McKinney, was a native of South Boston, West Virginia, was the daughter of the late Herschel and Blanche Creasy Ferrell and had been a resident of South Carolina for many years; and
Whereas, this gracious and lovely lady was blessed with a wonderful family, including her son, Chuck McKinney, her daughter-in-law, Sandra K. McKinney, Clerk of the House of Representatives, to whom she was extremely devoted, and three grandsons and two granddaughters, of whom she was very proud; and
Whereas, as a young adult she worked as a newspaper writer and reporter and she imparted her love of reading, writing, and literature to her son Chuck and to the other members of her family; and
Whereas, Mrs. McKinney was a person of wonderful warmth and charm who earned the friendship and affection of all those she knew or with whom she came into contact; and
Whereas, the members of the General Assembly, by this resolution, would like to extend their heartfelt condolences to the family and friends of Mrs. McKinney in this time of sorrow and let them know our hearts and prayers are with them upon their loss. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, hereby express their deepest sympathy to the family of Mrs. Audrey F. McKinney of Columbia, mother of Charles T. “Chuck” McKinney, Director of Legislative Information Systems, upon her death.
Be it further resolved that a copy of this resolution be forwarded to Mr. Charles F. “Chuck” McKinney.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 4431 -- Reps. Kennedy, Harvin, T. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. 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, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, 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 EXPRESSING THE DEEPEST SYMPATHY AND SORROW OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF LASHAY TANE WILLIAMS OF WILLIAMSBURG COUNTY WHO DIED SATURDAY, NOVEMBER 29, 1997, AT THE AGE OF SEVENTEEN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 4432 -- Rep. Haskins: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM KING “B. K.” BRYAN OF GREENVILLE, A DISTINGUISHED SOUTH CAROLINA BUSINESS AND CIVIC LEADER, FOR HIS WORK IN BUILDING GENERAL WHOLESALE DISTRIBUTORS OF GREENVILLE INTO ONE OF THIS STATE’S FINEST AND MOST SUCCESSFUL COMPANIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
HOUSE RESOLUTION
On motion of Rep. SIMRILL, with unanimous consent, the following was taken up for immediate consideration:
H. 4433 -- Rep. Simrill: A HOUSE RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AUTHORIZE THE SOUTH CAROLINA JAYCEES MODEL LEGISLATURE TO UTILIZE THE BLATT BUILDING ON SATURDAY, JANUARY 24, 1998, AND SUNDAY, JANUARY 25, 1998, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODY TO CONDUCT A GOVERNMENT PROGRAM.
Be it resolved by the House of Representatives:
That the members of the House of Representatives authorize the South Carolina Jaycees Model Legislature to utilize the Blatt Building on Saturday, January 24, 1998, and Sunday, January 25, 1998, in accordance with the building policy of the respective body to conduct a government program.
The Resolution was adopted.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 886 -- Senators Saleeby, McGill and Ravenel: A CONCURRENT RESOLUTION TO REQUEST THAT THE S.C. FORESTRY COMMISSION COMPLEX IN DARLINGTON COUNTY BE NAMED IN HONOR OF GARY H. SLAVENS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
INTRODUCTION OF BILLS
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4434 -- Reps. Fleming, Seithel, Beck, Whatley, Sandifer, Tripp, Leach, Law, Easterday, Hawkins, Edge, Jordan, Riser, Inabinett, Barrett, Loftis, Stille, Knotts, Cooper and McMaster: A BILL TO AMEND SECTION 38-43-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN OFFENSES BY INSURANCE AGENTS, SO AS TO PROVIDE FOR A DIFFERENT MISDEMEANOR VIOLATION AND PROVIDE A DIFFERENT PENALTY, AND ESTABLISH FELONY VIOLATIONS AND PENALTIES; TO AMEND SECTION 38-43-245, RELATING TO INSURANCE AGENTS AND FRAUDULENT INSURANCE APPLICATIONS, SO AS TO, AMONG OTHER THINGS, CHANGE THE FELONY FOR CERTAIN ACTIVITY TO A “FELONY FOR A FIRST OFFENSE” AND CHANGE THE PENALTY, AND ESTABLISH A “FELONY FOR A SECOND OR SUBSEQUENT OFFENSE” FOR THE SAME ACTIVITY AND PROVIDE A PENALTY; TO AMEND SECTION 38-55-170, AS AMENDED, RELATING TO CONDUCT OF INSURANCE BUSINESS AND PRESENTING FALSE CLAIMS FOR PAYMENT, SO AS TO, AMONG OTHER THINGS, CHANGE THE NATURE OF EXISTING FELONY OFFENSES AND CHANGE THE PENALTIES, AND PROVIDE THAT, FOR THE PURPOSE OF DETERMINING THE DOLLAR AMOUNT OF “CLAIM OR CLAIMS” UNDER THIS SECTION, IF A PERSON HAS MULTIPLE VIOLATIONS OF THIS SECTION AGAINST THE SAME VICTIM, THOSE VIOLATIONS MAY BE TREATED AS AN AGGREGATE AMOUNT OR AS INDIVIDUAL OFFENSES; TO AMEND SECTION 38-55-540, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY, CRIMINAL PENALTIES FOR MAKING FALSE STATEMENT OR MISREPRESENTATION OR ASSISTING, ABETTING, SOLICITING, OR CONSPIRING TO DO SO, AND RESTITUTION TO VICTIMS, SO AS TO, AMONG OTHER THINGS, CHANGE CERTAIN PENALTIES, CHANGE AN EXISTING MISDEMEANOR TO A FELONY AND CHANGE THE PENALTIES, CHANGE THE NATURE OF AN EXISTING FELONY AND THE PENALTY, AND PROVIDE THAT, FOR THE PURPOSE OF DETERMINING THE DOLLAR AMOUNT OF THE ECONOMIC ADVANTAGE OR BENEFIT UNDER THIS SECTION, IF A PERSON HAS MULTIPLE VIOLATIONS OF THIS SECTION AGAINST THE SAME VICTIM, THOSE VIOLATIONS MAY BE TREATED AS AN AGGREGATE AMOUNT OR AS INDIVIDUAL OFFENSES; TO AMEND SECTION 38-55-550, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY AND CIVIL PENALTIES, SO AS TO CHANGE THESE PENALTIES; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-555 SO AS TO PROVIDE THAT A CONVICTION FOR VIOLATING ANY SECTION OF TITLE 38 MAY BE USED TO ENHANCE ANY SUBSEQUENT CONVICTION FOR VIOLATING TITLE 38 AS A SECOND OR SUBSEQUENT OFFENSE; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO INSURANCE FRAUD AND REPORTING IMMUNITY, NOTIFICATION OF THE INSURANCE FRAUD DIVISION OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, AND INFORMATION WHICH MUST BE RELEASED BY AN INSURER, AUTHORIZED AGENCY, OR OTHERS, SO AS TO PROVIDE THAT A PERSON, INSURER, OR AUTHORIZED AGENCY WHO VIOLATES THE RELEASE-OF-INFORMATION PROVISIONS OF THIS SECTION IS GUILTY OF A MISDEMEANOR, AND PROVIDE FOR A PENALTY.