Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 3400, May 11 | Printed Page 3420, May 11 |
Printed Page 3410 . . . . . Thursday, May 11, 1995
S. 370--DEBATE ADJOURNED

Rep. P. HARRIS moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted.

S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

S. 611--POINT OF ORDER

The following Bill was taken up.

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

POINT OF ORDER

Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 219--POINT OF ORDER

The following Bill was taken up.

S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Reps. MARTIN, HARRISON, LIMBAUGH, HODGES and WOFFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10291AC.95).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Printed Page 3411 . . . . . Thursday, May 11, 1995
/SECTION 1. Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-70. (A) A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.

(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
 (C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any a family or household member.
(D) If a law enforcement officer receives complaints of domestic or family violence from two or more household members involving an incident of domestic or family violence, the officer shall evaluate each complaint separately to determine who was the primary aggressor. If the officer determines that one person was the primary physical aggressor, the officer need not arrest the other person believed to have committed domestic or family violence. In determining whether a person is the primary aggressor, the officer shall consider:

(1) prior complaints of domestic or family violence;

(2) the relative severity of the injuries inflicted on each person;

(3) the likelihood of future injury to each person; and

(4) whether one of the persons acted in self-defense.

(E) A law enforcement officer must not threaten, suggest, or otherwise indicate the possible arrest of all parties to discourage requests for intervention by law enforcement by a party.

Printed Page 3412 . . . . . Thursday, May 11, 1995
(F) A law enforcement officer who arrests two or more persons for a crime involving domestic or family violence must include the grounds for arresting both parties in the written incident report.
 (G) No evidence other than evidence of violations of this article found as a result of a warrantless search shall be is admissible in any a court of law.

(H) A law enforcement officer is not liable for an act, omission, or exercise of discretion under this section unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. HARRISON explained the amendment.

POINT OF ORDER

Rep. MEACHAM made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 542--RECALLED FROM THE

COMMITTEE ON AGRICULTURE,

NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

H. 3373--RECALLED FROM THE

COMMITTEE ON AGRICULTURE,

NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. RISER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley,

Printed Page 3413 . . . . . Thursday, May 11, 1995
Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.

OBJECTION TO RECALL

Rep. SEITHEL asked unanimous consent to recall S. 614 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SHARPE objected.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall S. 628 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

H. 3955--RECALLED FROM THE

COMMITTEE ON AGRICULTURE,

NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. G. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.

H. 3202--RECALLED FROM THE

COMMITTEE ON WAYS AND MEANS

On motion of Rep. SCOTT, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

H. 3202 -- Rep. Scott: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND

Printed Page 3414 . . . . . Thursday, May 11, 1995
THE EXEMPTION ALLOWED THE PROPERTY OF A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATION, OR LITERARY SOCIETY TO PROPERTY LEASED BY SUCH ORGANIZATIONS.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall H. 3553 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SHARPE objected.

S. 463--RECONSIDERED AND OBJECTIONS

Rep. A. YOUNG moved to reconsider the vote whereby debate was adjourned on the following Bill until June 6, which was agreed to.

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

Reps. CARNELL, SPEARMAN, TRIPP, STILLE, P. HARRIS and VAUGHN objected to the Bill.

H. 3647--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE

Printed Page 3415 . . . . . Thursday, May 11, 1995
ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\PFM\7479HTC.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives.

Amend title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4191--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4191 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE ROAD S-17-75, EAST THIRD AVENUE, IN DILLON COUNTY AS THE "W. JESSE FORD HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, Mr. W. Jesse Ford of Dillon County is an outstanding individual and greatly beloved by his fellow citizens; and

Whereas, Mr. Ford was primarily responsible for the development of South Carolina Road S-17-75 in the Town of Lake View; and

Whereas, it is fitting and proper that the portion of South Carolina Road S-17-75, East Third Avenue, in the Town of Lake View from South Carolina Route 9 southeasterly to its terminus be designated and named the "W. Jesse Ford Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

Printed Page 3416 . . . . . Thursday, May 11, 1995
Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the portion of South Carolina Road S-17-75 in Dillon County in the Town of Lake View from South Carolina Route 9 southeasterly to its terminus as the "W. Jesse Ford Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "W. Jesse Ford Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to Mr. Ford in Lake View, South Carolina.

The Concurrent Resolution was adopted and ordered sent to the Senate.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

H. 3931--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Thursday, May 18, which was adopted.

H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN

Printed Page 3417 . . . . . Thursday, May 11, 1995
EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

Printed Page 3418 . . . . . Thursday, May 11, 1995
H. 3628--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 11, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

Received as information.

H. 3765--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Printed Page 3419 . . . . . Thursday, May 11, 1995
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5830AC.95).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 16-25-70 of the 1976 Code, as last amended by Act 519 of 1994, is further amended to read:

"Section 16-25-70. (A) A law enforcement officer may arrest, with or without a warrant, a person at his the person's place of residence or elsewhere if the officer has probable cause to believe that the person is committing or has freshly committed any a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.

(B) A law enforcement officer must arrest, with or without a warrant, a person at the person's place of residence or elsewhere if physical manifestations of injury to the alleged victim are present and the officer has probable cause to believe that the person is committing or has freshly committed a misdemeanor or felony under the provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the appropriate police department.
 (C) In effecting a warrantless arrest under this section, a law enforcement officer may enter the residence of the person to be arrested in order to effect the arrest where the officer has probable cause to believe that the action is reasonably necessary to prevent physical harm or danger to any a family or household member.
(D) No evidence other than evidence of violations of this article found as a result of a warrantless search shall be is admissible in any a court of law.

(E) A law enforcement officer is not liable for any act, omission, or exercise of discretion under this section, unless the act, omission, or exercise of discretion constitutes gross negligence, recklessness, wilfulness, or wantonness."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. CROMER explained the amendment.

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