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

Page Finder Index

| Printed Page 3860, May 23 | Printed Page 3880, May 23 |

Printed Page 3870 . . . . . Tuesday, May 23, 1995

Amend further, Section 24-21-710(E), page 2, line 42, by striking (E) and inserting /(F)/.

Amend further, Section 24-21-710(F), page 3, line 1, by striking (F) and inserting /(G)/.

When amended Section 24-21-710 reads:

/Section 24-21-710. (A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, may be considered by the Board of Probation, Parole and Pardon Services in making its determination of parole.

(B) Upon receipt of the notice required by law, the following people may submit electronic information:

(1) the victim of the crime for which the prisoner has been sentenced;

(2) the prosecuting solicitor's office; and

(3) the person whose parole is being considered.

(C) The person submitting the electronic information shall provide the Board of Probation, Parole and Pardon Services with the following:

(1) identification of each voice heard and each person seen;

(2) a visual or aural statement of the date the information was recorded; and

(3) the name of the person whose parole eligibility is being considered.

(D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(E) The Department of Corrections may install, maintain, and operate a two- way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section.

(F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.


Printed Page 3871 . . . . . Tuesday, May 23, 1995

(G) The director of the Department of Probation, Parole and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section./

Reletter subsections to conform.

Amend title to conform.

Rep. WALDROP explained the amendment.

POINT OF ORDER

Rep. KELLEY 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 statewide day.

The SPEAKER sustained the Point of Order.

S. 362--POINT OF ORDER

The following Bill was taken up.

S. 362 -- Senators Cork, Washington, Lander and Elliott: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

POINT OF ORDER

Rep. SIMRILL 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 statewide day.

The SPEAKER sustained the Point of Order.

S. 609--INTERRUPTED DEBATE

The following Bill was taken up.

S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.

Rep. WILDER explained the Bill.


Printed Page 3872 . . . . . Tuesday, May 23, 1995

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. WILDER having the floor.

H. 3427--OBJECTIONS WITHDRAWN

Reps. SIMRILL, VAUGHN, RICE, HERDKLOTZ, MARCHBANKS and EASTERDAY withdrew their objections to the following Bill.

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.

H. 4033--OBJECTIONS WITHDRAWN

Reps. WHITE, BREELAND, BAXLEY and CARNELL withdrew their objections to the following Bill.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

H. 4237--RECALLED FROM THE

COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. J. BROWN, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.

H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.


Printed Page 3873 . . . . . Tuesday, May 23, 1995

S. 441--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. JENNINGS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.

H. 3746--RECALLED FROM THE

COMMITTEE ON AGRICULTURE,

NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

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

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

H. 3977--DEBATE ADJOURNED

The veto on the following Act was taken up.

(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

Rep. ALLISON moved to adjourn debate upon the veto, which was adopted.


Printed Page 3874 . . . . . Tuesday, May 23, 1995

S. 365--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE


Printed Page 3875 . . . . . Tuesday, May 23, 1995

REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

Rep. FAIR explained the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to by a division vote of 49 to 34.

H. 3096--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 23, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3096:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
and asks for a Committee of Conference and has appointed Senators Holland, Moore and Courson of the Committee of Conference on the part of the Senate.

Very respectfully,
President


Printed Page 3876 . . . . . Tuesday, May 23, 1995

Whereupon, the Chair appointed Reps. HARRISON, MARTIN and LIMBAUGH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 632 -- Senator Drummond: A CONCURRENT RESOLUTION REQUESTING THE EMPLOYMENT SECURITY COMMISSION TO TAKE THE NECESSARY STEPS TO ENSURE THAT THE NEW BUILDING AT THE OFFICES OF THE COMMISSION BE NAMED FOR THE HONORABLE C. LEM HARPER, SR., OF COLUMBIA.

Ordered for consideration tomorrow.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

Rep. JENNINGS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RICHARDSON objected.

Referred to Committee on Judiciary.

S. 609--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. WILDER having the floor.

S. 609 -- Senators Leatherman, J. Verne Smith, Saleeby, Stilwell, Lander, Wilson and Ryberg: A BILL TO AMEND SECTION 43-7-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


Printed Page 3877 . . . . . Tuesday, May 23, 1995

RECOVERY FROM AN ESTATE FOR MEDICAL ASSISTANCE PAID UNDER MEDICAID, SO AS TO FURTHER SPECIFY SERVICES CONSIDERED TO BE MEDICAL ASSISTANCE AND TO REVISE FROM WHOM RECOVERY MAY BE SOUGHT.

Rep. WILDER continued speaking.

The Bill was read the second time and ordered to third reading.

ORDERED TO THIRD READING

The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.

Rep. WILDER explained the Bill.

H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILDER explained the Joint Resolution.

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS,


Printed Page 3878 . . . . . Tuesday, May 23, 1995

RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILDER explained the Joint Resolution.

H. 3806--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10307CM.95), which was adopted.

Amend the bill, as and if amended, Section 56-5-2780(A) as contained in SECTION 1, page 1, line 30, by striking /one thousand/ and inserting /five hundred/ so that when amended it shall read:

/(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or


Printed Page 3879 . . . . . Tuesday, May 23, 1995

more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days./

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

Rep. MARTIN explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

S. 90--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted.

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

S. 96--POINT OF ORDER

The following Bill was taken up.

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

POINT OF ORDER

Rep. SCOTT 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 statewide day.

The SPEAKER sustained the Point of Order.


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